The Competition Act gives the DGFT powers to request information, enter and in some circumstances search premises where Chapter one and two are suspected of being infringed. Penalties Where the DGFT decides that a Chapter one or two infringement has occurred he can order the guilty party to pay a penalty. Penalties can only be imposed where the DGFT is satisfied that the undertaking has infringed the Act intentionally or negligently. The DGFT must publish guidance notes on the level of penalties which are likely to be imposed.
Penalties are recoverable as a civil debt.
It is an offence to obstruct an officer in the exercise of his powers under a search warrant. Where a person provides false or misleading information to the DGFT he is liable to a gaol sentence of up to two years. Appeals Appeals against decisions of the DGFT are to the Competition Commission. Further Appeals are to the Inner House of the Court of Session. There is no provision in the Act for further appeals to the House of Lords.