Section 143(1)

14 In Part 3 of EA 2002 (mergers), Chapter 5 (supplementary: investigation powers) is amended as follows.

15

(1) Section 110 (enforcement of powers under section 109: general) is amended as follows.

(2) In the heading, for "general" substitute "imposition of penalties".

(3) For subsection (1) substitute -

"(1) The CMA may impose a penalty on a person in accordance with section 111 where the CMA considers that -

(a) the person has, without reasonable excuse, failed to comply with any requirement of a notice under section 109;

(b) the person has, without reasonable excuse, obstructed or delayed another person in the exercise of the other person's powers under section 109(6);

(c) the person has, without reasonable excuse, altered, suppressed or destroyed any document which the person has been required to produce by a notice under section 109.

(1A) The appropriate authority may impose a penalty on a person in accordance with section 111 where the authority considers that -