219 UndertakingsF2U.K.
(1)This section applies if an enforcer has power to make an application under section 215.
(2)In such a case the enforcer may accept from a person to whom subsection (3) applies an undertaking that the person will comply with subsection (4).
(3)This subsection applies to a person who the enforcer believes—
(a)has engaged in conduct which constitutes an infringement;
(b)is engaging in such conduct;
(c)is likely to engage in conduct which constitutes a Community infringement.
(4)A person complies with this subsection if he—
(a)does not continue or repeat the conduct;
(b)does not engage in such conduct in the course of his business or another business;
(c)does not consent to or connive in the carrying out of such conduct by a body corporate with which he has a special relationship (within the meaning of section 222(3)).
(5)But subsection (4)(a) does not apply in the case of an undertaking given by a person in so far as subsection (3) applies to him by virtue of paragraph (c).
[F1(5A)A CPC enforcer who has accepted an undertaking under this section may—
(a)accept a further undertaking from the person concerned to publish the terms of the undertaking; or
(b)take steps itself to publish the undertaking.
(5B)In each case the undertaking shall be published in such form and manner and to such extent as the CPC enforcer thinks appropriate for the purpose of eliminating any continuing effects of the Community infringement.]
(6)If an enforcer accepts an undertaking under this section it must notify the OFT—
(a)of the terms of the undertaking;
(b)of the identity of the person who gave it.
Textual Amendments
F1S. 219(5A)(5B) inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 13
Textual Amendments applied to the whole legislation
F2Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]