Part 3: Enforcement of consumer protection law Undertakings Section 190: Monetary penalties under section 189: amount
This section sets out the maximum monetary penalties (a fixed amount or an amount based on a daily amount or both) that the CMA may impose in a final breach of undertakings enforcement notice under section 189.
	The CMA has a discretion to impose such a monetary penalty as it considers appropriate, subject to the statutory maxima set out in subsection (3).
	See the explanatory note for section 158 for the policy rationale for providing for a penalty of up to the higher of a fixed amount or a percentage of turnover.
	Where the enforcement subject has a turnover that can be determined, a fixed amount penalty must not exceed £150,000 or, if higher, 5% of the total value of the enforcement subject’s turnover. Section 204 concerns calculation of the enforcement subject’s turnover. Where the enforcement subject does not have a turnover, the fixed penalty must not exceed £150,000 (subsection (3), paragraph (a)).
	Where the enforcement subject has a turnover that can be determined, a daily penalty must not exceed £15,000 or, if higher, 5% of the total value of the enforcement subject’s daily turnover. Where the enforcement subject does not have a turnover, the daily penalty must not exceed £15,000 per day (subsection 3, paragraph (b)).
	Subsection (4), paragraph (a) means that a daily penalty imposed by the CMA can only begin to accrue after the CMA has given a provisional breach of undertakings enforcement notice to the enforcement subject, i.e. the point when the enforcement subject is clearly made aware of their failure to comply with the terms of the undertaking. A daily penalty stops accruing when the enforcement subject fulfils the requirements of the final breach of undertakings enforcement notice, unless the CMA determines an earlier date (subsection (4), paragraph (b)).