ENF 9.10 Publication

The FSA considers it generally appropriate to publish details of successful applications to court for restitution, or the exercise of its administrative power to require restitution, in order to protect and inform consumers and maintain market confidence. The FSA's policy in relation to the publication of final notices is set out in DEC 5.2 (Publication). The FSA will normally publish final notices relating to administrative restitution action. However, in certain circumstances it may decide not to publicise that it has obtained an order for restitution or exercised its power to require restitution. It may make that decision where, for example, publication could damage market confidence or undermine market integrity in a way that could be damaging to the interests of consumers. Where the behaviour to which the restitution order or exercise of the FSA's restitutionary power relates has happened in the context of a takeover bid, the FSA will consult the Takeover Panel and, if it believes that publication may affect the timetable or outcome of that bid, will give due weight to the Takeover Panel's views.