Merger notification failure can attract monetary penalties; guidelines list factors guiding penalty assessment and mitigation.

The Commission may impose a monetary penalty under section 43A where a person or enterprise fails to notify a combination, contravenes standstill obligations, or fails to furnish information during an inquiry, with the penalty calculated by reference to total turnover, assets or the value of the transaction, whichever is higher. In fixing the amount, the Commission may consider factors including consummation or part consummation without notice, standstill breaches, non furnishing of information, voluntary filing, parties' conduct such as disclosures and cooperation, and any other case specific circumstances.

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