Enterprise Act 2002

216 Applications: directions by [F1 CMA] U.K.

(1) This section applies if the [F2 CMA] believes that an enforcer other than the [F2 CMA] intends to apply for an enforcement order.

(2) In such a case the [F2 CMA] may direct that if an application in respect of a particular infringement is to be made it must be made—

(a) only by the [F2 CMA], or

(b) only by such other enforcer as the [F2 CMA] directs.

(3) If the [F2 CMA] directs that only it may make an application that does not prevent—

(a) the [F2 CMA] or any enforcer from accepting an undertaking under section 219, or

(b) the [F2 CMA] from taking such other steps it thinks appropriate (apart from making an application) for the purpose of securing that the infringement is not committed, continued or repeated.

(4) The [F2 CMA] may vary or withdraw a direction given under this section.

(5) The [F2 CMA] must take such steps as it thinks appropriate to bring a direction (or a variation or withdrawal of a direction) to the attention of enforcers it thinks may be affected by it.

(6) But this section does not prevent an application for an enforcement order being made by a Community enforcer.

Textual Amendments

F1 Word in s. 216 heading substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 9 (with art. 3)

F2 Word in s. 216(1)-(5) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 9 (with art. 3)