Digital Markets, Competition and Consumers Bill – in the House of Commons am 9:10 pm ar 20 Tachwedd 2023.
Amendments made: 158, page 265, leave out lines 12 to 19 and insert—
“(1) The CMA may, in accordance with section 35B, impose a penalty on a person—
(a) from whom the CMA has accepted commitments under section 31A (and who has not been released from those commitments), or
(b) to whom the CMA has given a direction under section 32, 33 or 35,
where the CMA considers that the person has, without reasonable excuse, failed to adhere to the commitments or comply with the direction.”
This amendment improves the clarity of this provision and makes it clear that the CMA can only impose a penalty on an individual under section 35B of the Competition Act 1998 (inserted by paragraph 6 of Schedule 9 to the Bill) for failing to comply with a direction in cases where the direction was given to the person.
Amendment 159, page 268, leave out lines 24 to 27 and insert—
“(1) The appropriate authority may, in accordance with section 94AB, impose a penalty on a person—
(a) from whom the authority has accepted an enforcement undertaking, or
(b) to whom an enforcement order is addressed,
where the authority considers that the person has, without reasonable excuse, failed to comply with the undertaking or order.”
This amendment makes it clear that a penalty can only be imposed on an individual under section 94AB of the Enterprise Act 2002 (inserted by paragraph 11 of Schedule 9 to the Bill) for failing to comply with an enforcement undertaking or enforcement order in cases where the undertaking was accepted from, or the order was addressed to, the person.
Amendment 160, page 271, leave out lines 35 to 38 and insert—
“(1) The relevant authority may, in accordance with section 167B, impose a penalty on a person—
(a) from whom the authority has accepted an enforcement undertaking, or
(b) to whom an enforcement order is addressed,
where the authority considers that the person has, without reasonable excuse, failed to comply with the undertaking or order.”—(Kevin Hollinrake.)
This amendment makes it clear that a penalty can only be imposed on an individual under section 167B of the Enterprise Act 2002 (inserted by paragraph 17 of Schedule 9 to the Bill) for failing to comply with an enforcement undertaking or enforcement order in cases where the undertaking was accepted from, or the order was addressed to, the person.