Digital Markets, Competition and Consumers Act 2024

159 Interim enforcement orders and undertakings

(1) This section applies if—

(a) it is alleged in an application under section 153 for an interim enforcement order that a person (“the respondent”)—

(i) has engaged, is engaging or is likely to engage in a commercial practice which constitutes a relevant infringement (“the infringing practice”), or

(ii) is an accessory to the infringing practice,

(b) it appears to the court that if the application had been an application for an enforcement order it would be likely to be granted, and

(c) the court considers it is expedient that the infringing practice is prohibited or prevented immediately.

(2) The court may—

(a) make an interim enforcement order against the respondent, or

(b) accept an undertaking from the respondent to comply with subsection (5) or to take steps which the court believes will secure such compliance.

(3) If no notice of the application has been given to the respondent, the court may proceed under subsection (2)(a) only if it considers it appropriate to make an interim enforcement order without notice.

(4) An interim enforcement order is an order that—

(a) indicates the nature of the infringing practice, and

(b) directs the respondent to comply with subsection (5).

(5) The respondent complies with this subsection by—

(a) in the case of a respondent within subsection (1)(a)(i), not continuing or repeating the infringing practice (where it is alleged that the person has engaged or is engaging in that practice);

(b) in the case of a respondent within subsection (1)(a)(ii), not consenting to or conniving in the infringing practice;

(c) in either case, not engaging in the infringing practice in the course of the respondent’s business or another business;

(d) in either case, not consenting to or conniving in the carrying out of the infringing practice by a body corporate with which the respondent has a special relationship (see section 220).

(6) An application for an interim enforcement order in respect of alleged conduct of the respondent may not be made at any time after—

(a) an application for an enforcement order against the respondent in respect of that conduct is determined, or

(b) a final infringement notice in respect of that conduct has been given to the respondent (see section 182).

(7) An application for an interim enforcement order must—

(a) include all information known to the applicant that is material to the question of whether or not the application is granted;

(b) if made without notice, state why no notice has been given.

(8) The court may vary or discharge an interim enforcement order on the application of the applicant or the respondent.

(9) An interim enforcement order made in respect of conduct of the respondent is discharged—

(a) on the determination of an application for an enforcement order made against the respondent in respect of that conduct, or

(b) on the giving of a final infringement notice to the respondent in respect of that conduct.