Section 44 False or misleading information.C1

United Kingdom

(1)

If information is provided by a person to the F1CMA in connection with any function of the CMA under this Part, that person is guilty of an offence if—

(a)

the information is false or misleading in a material particular, and

(b)

he knows that it is or is reckless as to whether it is.

(2)

A person who—

(a)

provides any information to another person, knowing the information to be false or misleading in a material particular, or

(b)

recklessly provides any information to another person which is false or misleading in a material particular,

knowing that the information is to be used for the purpose of providing information to the CMA in connection with any of F2its functions under this Part, is guilty of an offence.

(2A)

F3A person is not guilty of an offence under this section by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1).

(3)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum;

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Annotations

Textual amendments

F1: Word in s. 44(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 25 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2: Words in s. 44 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(34); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F3: S. 44(2A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 13; S.I. 2024/1226, regs. 1(2), 2(1)(14)

Modifications

C1: S. 44 applied (18.6.2001) by 2000 c. 8, s. 399; S.I. 2001/1820, art. 2, Sch.

Notes on the whole Act

Textual amendments

F1: Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1