{
  "url": "https://openlegislation.uk/digital-markets-competition-and-consumers-act-2024/section-85",
  "json_url": "https://openlegislation.uk/digital-markets-competition-and-consumers-act-2024/section-85.json",
  "legislation": "ukpga/2024/13",
  "legislation_title": "Digital Markets, Competition and Consumers Act 2024",
  "legislation_url": "https://openlegislation.uk/digital-markets-competition-and-consumers-act-2024",
  "path": "section/85",
  "kind": "section",
  "number": "85",
  "heading": "Penalties for failure to comply with competition requirements",
  "text": "(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.\n(2) The requirements are—\n(a) a requirement imposed by virtue of an enforcement order under section 31 or section 32,\n(b) a requirement imposed by virtue of a final offer order under section 41 (including a requirement imposed in reliance on section 42),\n(c) a requirement imposed by virtue of a pro-competition order under section 46, and\n(d) the requirement to comply with a commitment given under section 36 or 56.\n(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.\n(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).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 85 not in force at Royal Assent, see s. 339(1)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 85 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2024/13/section/85",
    "retrieved_at": "2026-11-05T03:35:09.592730+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}