(1) Part 1 of the 1998 Act (competition) is amended as follows.
(2) In section 36 (penalties), after subsection (7) insert -
"(7A) In fixing a penalty under this section the CMA must have regard to -
(a) the seriousness of the infringement concerned, and
(b) the desirability of deterring both the undertaking on whom the penalty is imposed and others from -
(i) entering into agreements which infringe the Chapter 1 prohibition or the prohibition in Article 81(1), or
(ii) engaging in conduct which infringes the Chapter 2 prohibition or the prohibition in Article 82."
(3) In section 38 (guidance on level of penalties), in subsection (8), before "must have regard" insert "and the Tribunal".