Amendments 51 and 52

Digital Markets, Competition and Consumers Bill - Report (1st Day) – in the House of Lords at 7:02 pm on 11 March 2024.

Alert me about debates like this

Lord Bassam of Brighton:

Moved by Lord Bassam of Brighton

51: Clause 103, page 62, line 13, leave out paragraph (b) and insert—“(b) a decision about the imposition of a penalty under section 85(1) or (3) or section 87 (but see subsection (3A) and section 89(1A));(c) a decision about the imposition of a penalty under section 85(4) (but see section 89(1A)).”Member’s explanatory statementThis amendment, alongside others in my name to Clauses 89 and 103, would revert the relevant Clauses back to the ones first introduced in the House of Commons. This would reinstate judicial review principles as the means by which appeals against penalty decisions are heard, rather than such decisions being determined on the merits.

52: Clause 103, page 62, line 17, at end insert—“(3A) A person on whom the CMA imposes a penalty under section 85(1) or (3), or under section 87 in connection with a function of the CMA other than a function under Chapter 5 (mergers), may apply to the Tribunal in accordance with Tribunal rules for a review of the CMA’s decision—(a) to impose the penalty,(b) about the amount of the penalty, or(c) about the date by which the penalty is required to be paid or the different dates by which portions of the penalty are required to be paid.(3B) Where an application is made under subsection (3A)—(a) the penalty is not required to be paid until the application has been finally determined, withdrawn or otherwise dealt with, and(b) the CMA may agree to reduce the amount of the penalty in settlement of the application.”Member’s explanatory statementThis amendment, alongside others in my name to Clauses 89 and 103, would revert the relevant Clauses back to the ones first introduced in the House of Commons. This would reinstate judicial review principles as the means by which appeals against penalty decisions are heard, rather than such decisions being determined on the merits.

Amendments 51 and 52 agreed.

Clause 109: Information sharing