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Paragraph 7 Settlement

Original text. Later amendments are not shown.

(1)

The CMA may follow a settlement procedure in respect of an investigation where a person subject to that investigation—

(a)

admits that it has engaged in conduct which constitutes a relevant infringement,

(b)

agrees to an expedited procedure,

(c)

agrees to take any steps to stop or mitigate the relevant infringement as the CMA considers appropriate within a time period specified by the CMA,

(d)

agrees to comply with the final infringement notice, and

(e)

agrees not to appeal or otherwise challenge any matter set out in the final infringement notice.

(2)

Where the CMA follows the settlement procedure, rule 5 does not apply.

(3)

Where a single relevant person takes the decision to follow the settlement procedure, that relevant person may also decide to issue one or more of a provisional infringement notice, final infringement notice and online interface notice.

(4)

Where the CMA follows the settlement procedure, it may elect to impose on that respondent and any interconnected body corporate either or both of a penalty and a direction under sections 182(4) and 200(3) of the Act as applicable.

(5)

Where the CMA follows a settlement procedure and elects to impose a penalty, it may agree to a discount which will apply provided that the conditions set out in paragraph (1)(a) to (1)(e) and any other conditions that the CMA specifies in writing have been met and, where specified by the CMA, continue to be complied with.