Part 3Mergers
Chapter 4Enforcement
Enforcement functions of CMA
92 Duty of F1CMA to monitor undertakings and orders
(1)
The F2CMA shall keep under review—
(a)
the carrying out of any enforcement undertaking or any enforcement order; and
(b)
compliance with the prohibitions in sections 77(2) and (3) and 78(2) and in paragraphs 7(2) and (3) and 8(2) of Schedule 7.
(2)
The F2CMA shall, in particular, from time to time consider—
(a)
whether an enforcement undertaking or enforcement order has been or is being complied with;
(b)
whether, by reason of any change of circumstances, an enforcement undertaking is no longer appropriate and—
(i)
one or more of the parties to it can be released from it; or
(ii)
it needs to be varied or to be superseded by a new enforcement undertaking; and
(c)
whether, by reason of any change of circumstances, an enforcement order is no longer appropriate and needs to be varied or revoked.
(3)
The F3CMA shall give F4... the Secretary of State such advice as it considers appropriate in relation to—
(a)
(b)
(c)
(d)
(e)
the enforcement by virtue of section 94(6) to (8) of any enforcement undertaking or enforcement order; or
(f)
the enforcement by virtue of section 95(4) and (5) of the prohibitions in sections 77(2) and (3) and 78(2) and in paragraphs 7(2) and (3) and 8(2) of Schedule 7.
(4)
The F8CMA shall take such action as it considers appropriate in relation to—
(a)
any possible variation or release by it of an enforcement undertaking accepted by it;
(b)
any possible new enforcement undertaking to be accepted by it so as to supersede another enforcement undertaking given to it;
(c)
any possible variation or revocation by it of an enforcement order made by it;
(d)
any possible enforcement undertaking to be accepted by it instead of an enforcement order or any possible enforcement order to be made by it instead of an enforcement undertaking;
(e)
the enforcement by it by virtue of section 94(6) of any enforcement undertaking or enforcement order; or
(f)
the enforcement by it by virtue of section 95(4) and (5) of the prohibitions in sections 77(2) and (3) and 78(2) and in paragraphs 7(2) and (3) and 8(2) of Schedule 7.
(5)
The F8CMA shall keep under review the effectiveness of enforcement undertakings accepted under this Part and enforcement orders made under this Part.
(6)
The F8CMA shall, whenever requested to do so by the Secretary of State and otherwise from time to time, prepare a report of its findings under subsection (5).
(7)
The F9CMA shall—
F10(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
give a copy of F11 any report prepared by it under subsection (6) to the Secretary of State; and
(c)
publish the report.
F12(8)
In this section, “Secretary of State” includes the Chancellor of the Duchy of Lancaster.