Part 4Market Studies and Market Investigations

Chapter 3Enforcement

Undertakings and orders

160 Order-making power where final undertakings not fulfilled: Part 4

(1)

Subsection (2) applies where the relevant authority considers that—

(a)

an undertaking accepted by the relevant authority under section 159 has not been, is not being or will not be fulfilled; or

(b)

in relation to an undertaking accepted by the relevant authority under that section, information which was false or misleading in a material respect was given to F1a relevant person by the person giving the undertaking before the relevant authority decided to accept the undertaking.

F2(1A)

In subsection (1), a “relevant person” means—

(a)

in a case where the relevant authority is the CMA, the CMA;

(b)

in a case where the relevant authority is the Secretary of State, the Secretary of State or the CMA.

(2)

The relevant authority may, for any of the purposes mentioned in section 138(2)F3, 147(2) or (as the case may be) 147A(2), make an order under this section.

(3)

Subsections (3) to (6) of section 138 F4or 147 or (as the case may be) subsections (3) and (4) of section 147A shall apply for the purposes of subsection (2) above as they apply for the purposes of that section.

(4)

An order under this section may contain—

(a)

anything permitted by Schedule 8; and

(b)

such supplementary, consequential or incidental provision as the relevant authority considers appropriate.

(5)

An order under this section—

(a)

shall come into force at such time as is determined by or under the order;

(b)

may contain provision which is different from the provision contained in the undertaking concerned; and

(c)

may be varied or revoked by another order.

(6)

F5The Secretary of State shall not vary or revoke an order made by him under this section unless the CMA advises that such a variation or revocation is appropriate by reason of a change of circumstances.

(7)

In this section “the relevant authority” means—

(a)

in the case of an undertaking accepted under section 159 by the F6CMA, the F6CMA; and

(b)

in the case of an undertaking accepted under that section by the Secretary of State, the Secretary of State.