The Bill gives the CMA power to directly impose financial penalties – and there are lots of different types and tiers of penalties which the CMA can hand out to rogue retailers. So many in fact, that the Government has published a table summarising all of the fines.
To pick-out just a few, there is a penalty for breaching consumer protection laws of up to £300,000 or, if higher, 10% of global turnover. Then there is a penalty of up to £150,000 or, if higher, up to 5% of a business’ global turnover for breaching undertakings given to the CMA.
New Penalties Imposable by the CMA and Civil Courts Under the Bill
Breach | Penalty | Imposable on | Imposable by |
Engaging in commercial practices breaching consumer protection laws | Up to £300,000 or 10% of annual global turnover, whichever is higher. | 1. Person committing the infringing practice 2. Any accessory to the infringing practice 3. Members of the corporate group of the person committing the infringing practice (where relevant conditions are met) | 1. The civil courts 2.The CMA (for breaches of certain consumer laws) |
Breaching without a reasonable excuse an administrative direction given by the CMA | Up to £150,000 or 5% of annual global turnover, whichever is higher. An additional daily penalty of up to £15,000 or 5% of daily global turnover, whichever is higher, while non-compliance continues. | 1. Person who was given and is found to have breached a direction 2. Members of the corporate group of the person committing the breach (where relevant conditions are met) | The CMA |
This may be the law but I'm not sure which one would apply to Microsoft exactly. I don't know if ignoring the CMA counts as ignoring a consumer law so I'm going with the last one. 5% of 200bn would be $10bn in fines plus additional daily penalties of 5% of Microsoft's daily revenue until they comply with the directive (I.E. You can't acquire ABK).
Last edited by Ryuu96 - on 19 May 2023