# Enterprise and Regulatory Reform Act 2013, Section 44: Penalties: guidance etc.


(1) Part 1 of the 1998 Act (competition) is amended as follows.
(2) In section 36 (penalties), after subsection (7) insert—
“(7A) In fixing a penalty under this section the CMA must have regard to—
(a) the seriousness of the infringement concerned, and
(b) the desirability of deterring both the undertaking on whom the penalty is imposed and others from—
(i) entering into agreements which infringe the Chapter 1 prohibition or the prohibition in Article 81(1), or
(ii) engaging in conduct which infringes the Chapter 2 prohibition or the prohibition in Article 82.”
(3) In section 38 (guidance on level of penalties), in subsection (8), before “must have regard” insert “ and the Tribunal ”.

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Source: https://www.legislation.gov.uk/ukpga/2013/24/section/44 (the official version)
Page: https://openlegislation.uk/enterprise-and-regulatory-reform-act-2013/section-44
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.