(1) Where the CMA considers that an undertaking has, without reasonable excuse, failed to comply with a requirement listed in subsection (2), it may impose a penalty on the undertaking.

(2) The requirements are -

(a) a requirement imposed by virtue of an enforcement order under section 31 or section 32,

(b) a requirement imposed by virtue of a final offer order under section 41 (including a requirement imposed in reliance on section 42),

(c) a requirement imposed by virtue of a pro-competition order under section 46, and

(d) the requirement to comply with a commitment given under section 36 or 56.

(3) The CMA may impose a penalty on an undertaking where the CMA considers that the undertaking has, without reasonable excuse, failed to comply with a conduct requirement under section 19.