Clause 83 - Penalties for failure to comply with competition requirements

Part of Digital Markets, Competition and Consumers Bill – in a Public Bill Committee at 2:00 pm on 22 June 2023.

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Photo of Paul Scully Paul Scully Parliamentary Under Secretary of State (Department for Science, Innovation and Technology) 2:00, 22 June 2023

Government Amendment 26 seeks to clarify that the CMA can impose a penalty on a former SMS firm that no longer has strategic market status in relation to conduct that occurred before the designation ended or in relation to breaches of obligations that exist after the designation ends. With that aim, the amendment, together with its related amendments, replace the wording “a designated undertaking” with “an undertaking” in clauses 83 and 86. That ensures the change relates to penalties for failure to comply with competition requirements, as well as any penalties for failure to comply with investigative requirements. I hope the Committee will support the amendments.

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