# Digital Markets, Competition and Consumers Act 2024, Section 85: Penalties for failure to comply with competition requirements

Extent: E+W+S+N.I.

(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).

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Source: https://www.legislation.gov.uk/ukpga/2024/13/section/85 (the official version)
Page: https://openlegislation.uk/digital-markets-competition-and-consumers-act-2024/section-85
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.