Part 4Market Investigations
Chapter 3Enforcement
Supplementary
167Rights to enforce undertakings and orders under this Part
(1)
This section applies to any enforcement undertaking or enforcement order.
(2)
Any person to whom such an undertaking or order relates shall have a duty to comply with it.
(3)
The duty shall be owed to any person who may be affected by a contravention of the undertaking or (as the case may be) order.
(4)
Any breach of the duty which causes such a person to sustain loss or damage shall be actionable by him.
(5)
In any proceedings brought under subsection (4) against a person to whom an enforcement undertaking or enforcement order relates it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid contravening the undertaking or (as the case may be) order.
(6)
Compliance with an enforcement undertaking or an enforcement order shall also be enforceable by civil proceedings brought by the OFT for an injunction or for interdict or for any other appropriate relief or remedy.
(7)
Compliance with an undertaking accepted under section 157 or 159, or an order under section 158, 160 or 161, shall also be enforceable by civil proceedings brought by the relevant authority for an injunction or for interdict or for any other appropriate relief or remedy.
(8)
In subsection (7) “the relevant authority” means—
(a)
in the case of an undertaking accepted by the Commission or an order made by the Commission, the Commission; and
(b)
in the case of an undertaking accepted by the Secretary of State or an order made by the Secretary of State, the Secretary of State.
(9)
Subsections (6) to (8) shall not prejudice any right that a person may have by virtue of subsection (4) to bring civil proceedings for contravention or apprehended contravention of an enforcement undertaking or an enforcement order.