Section 198 — Final false information enforcement notice

(1) This section applies where—

(a) the CMA has given to the respondent a provisional false information enforcement notice under section 197 in connection with the provision of information,

(b) the time for the respondent to make representations to the CMA in accordance with the notice has expired, and

(c) after considering such representations (if any), the CMA is satisfied that—

(i) the information mentioned in paragraph (a) is materially false or misleading, and

(ii) the respondent provided the false or misleading information without reasonable excuse.

(2) The CMA may give to the respondent a notice under this section (“a final false information enforcement notice”).

(3) A final false information enforcement notice is a notice that imposes on the respondent a requirement to pay a monetary penalty.

(4) The amount of the penalty must be a fixed amount not exceeding £30,000 or, if higher, 1% of the total value of the turnover (if any) of the respondent.

(5) A final false information enforcement notice must—

(a) set out the grounds on which it is given;

(b) state any further factors (in addition to those provided under paragraph (a)) which the CMA considers justify the giving of the notice;

(c) specify the monetary penalty information (see section 203).

(6) The CMA may publish a final false information enforcement notice in such manner, and to such extent, as the CMA considers appropriate.