Enterprise Act 2002

[F1218AUnfair commercial practices: substantiation of claimsU.K.

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(1)This section applies where an application for [F2an enforcement order, an interim enforcement order, an online interface order or an interim online interface order] is made in respect of a [F3Schedule 13 infringement] involving a contravention of [F4the Consumer Protection from Unfair Trading Regulations 2008].

(2)For the purposes of considering the application the court may require [F5the relevant person] to provide evidence as to the accuracy of any factual claim made as part of a commercial practice of that person if, taking into account the legitimate interests of that person and any other party to the proceedings, it appears appropriate in the circumstances.

[F6(2A)In subsection (2), “the relevant person”, in relation to an application, means—

(a)where the application is for an enforcement order or an interim enforcement order, the person named in the application under section 215(1);

(b)where the application is for an online interface order or an interim online interface order, the person alleged by the CMA to have engaged, be engaging or be likely to engage in conduct which constitutes the [F7Schedule 13 infringement], provided that person is either the person against whom the order is sought or otherwise a party to the proceedings.]

(3)If, having been required under subsection (2) to provide evidence as to the accuracy of a factual claim, a person—

(a)fails to provide such evidence, or

(b)provides evidence as to the accuracy of the factual claim that the court considers inadequate,

the court may consider that the factual claim is inaccurate.

(4)In this section “commercial practice” has the meaning given by regulation 2 of the Consumer Protection from Unfair Trading Regulations 2008.]

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