Digital Markets, Competition and Consumers Act 2024

187Undertakings under section 185: procedural requirements
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(1)This section applies where the CMA proposes to—

(a)accept a material variation of an undertaking under section 185, or

(b)release a person from any such undertaking,

and the proposed variation or release has not been requested by the person who gave the undertaking.

(2)Before taking the proposed action mentioned in subsection (1) the CMA must—

(a)give notice to the person under subsection (3), and

(b)consider any representations made in accordance with the notice.

(3)A notice under this subsection must state—

(a)the fact that the CMA is proposing to act as mentioned in subsection (1),

(b)the reasons for doing so, and

(c)the means by which, and the time by which, representations may be made in relation to the proposed action.

(4)If after considering any representations made in accordance with a notice under subsection (3) the CMA decides to take an action mentioned in subsection (1), the CMA must give notice to the person of that decision.

(5)The reference in subsection (1)(a) to a material variation is a reference to any variation that the CMA considers to be material in any respect.