Enterprise Act 2002

157 Interim undertakings: Part 4 U.K.

(1) Subsection (2) applies where—

(a) a market investigation reference has been made;

(b) a report has been published under section 136 within the period permitted by section 137 or (as the case may be) a report prepared under section 142 and given to the Secretary of State under section 143(3) [F1 or (as the case may be) 143A(3)] within the period permitted by section 144 has been published; and

(c) the market investigation reference concerned is not finally determined.

(2) The relevant authority may, for the purpose of preventing pre-emptive action, accept, from such persons as the relevant authority considers appropriate, undertakings to take such action as the relevant authority considers appropriate.

[F2 (2A) Subsection (2B) applies where—

(a) subsection (1)(a) to (c) applies; and

(b) the relevant authority has reasonable grounds for suspecting that pre-emptive action has or may have been taken.

(2B) The relevant authority may, for the purpose of restoring the position to what it would have been had the pre-emptive action not been taken or otherwise for the purpose of mitigating its effects, accept, from such persons as the relevant authority considers appropriate, undertakings to take such action as the relevant authority considers appropriate.]

[F3 (2C) A person may, with the consent of the relevant authority, take action of a particular description where the action would otherwise constitute a contravention of an undertaking accepted under this section.]

(3) An undertaking under this section—

(a) shall come into force when accepted;

(b) may be varied or superseded by another undertaking; and

(c) may be released by the relevant authority.

(4) An undertaking under this section shall, if it has not previously ceased to be in force, cease to be in force when the market investigation reference is finally determined.

(5) The relevant authority shall, as soon as reasonably practicable, consider any representations received by the relevant authority in relation to varying or releasing an undertaking under this section.

(6) In this section and section 158—

• “pre-emptive action” means action which might impede the taking of any action under section 138(2)[F4 , 147(2) or (as the case may be) 147A(2)] in relation to the market investigation reference concerned; and

• [F5 “the relevant authority” means—

  (a)

  in the case of a restricted PI reference or a full PI reference, the Secretary of State;

  (b)

  in any other case, the CMA.]

Textual Amendments

F1 Words in s. 157(1)(b) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 24(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 S. 157(2A)(2B) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 37(2), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

F3 S. 157(2C) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 37(3), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

F4 Words in s. 157(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 24(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5 Words in s. 157(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 24(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)