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Section 40

Finding of an infringement

of Competition Act 2010

ActIn forceProvision 40 of 67
Section 40
(1)

If the Commission determines that there is an infringement of a prohibition under Part II, it—

(a)

shall require that the infringement to be ceased immediately;

(b)

may specify steps which are required to be taken by the infringing enterprise, which appear to the Commission to be appropriate for bringing the infringement to an end;

(c)

may impose a financial penalty; or

(d)

may give any other direction as it deems appropriate.

(2)

The Commission shall, within fourteen days of its making a decision under this Part, notify any person affected by the decision.

(3)

The Commission shall prepare and publish reasons for each decision it makes under this section.

(4)

A financial penalty shall not exceed ten percent of the worldwide turnover of an enterprise over the period during which an infringement occurred.

Competition 35