Digital Markets, Competition and Consumers Act 2024 (c. 13) – Section 85 – Penalties for failure to comply with competition requirements

Sections

Section 85Penalties for failure to comply with competition requirements

(1) Where the CMA considers that an undertaking has, without reasonable excuse, failed to comply with a requirement listed in subsection (2), it may impose a penalty on the undertaking.

(2) The requirements are—

(a)
a requirement imposed by virtue of an enforcement order under section 31 or section 32,
(b)
a requirement imposed by virtue of a final offer order under section 41 (including a requirement imposed in reliance on section 42),
(c)
a requirement imposed by virtue of a pro-competition order under section 46, and
(d)
the requirement to comply with a commitment given under section 36 or 56.

(3) The CMA may impose a penalty on an undertaking where the CMA considers that the undertaking has, without reasonable excuse, failed to comply with a conduct requirement under section 19.

(4) The CMA may impose a penalty on an undertaking or, where the undertaking is part of a group, the group, where the CMA considers that the undertaking or any member of the group has, without reasonable excuse, failed to comply with a requirement in Chapter 5 (mergers).

Annotations

Commencement Information

I1 S. 85 not in force at Royal Assent, see s. 339(1)
I2 S. 85 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)

https://dmcca.digiphile.law/article/article-85.html

Text as at 7 October 2026.

This is an unofficial convenience version of the Digital Markets, Competition and Consumers Act 2024. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in October 2026.