Part 3Enforcement of consumer protection law

Chapter 4Direct enforcement powers of CMA

Undertakings

187Undertakings under section 185: procedural requirements

1

This section applies where the CMA proposes to—

a

accept a material variation of an undertaking under section 185, or

b

release a person from any such undertaking,

and the proposed variation or release has not been requested by the person who gave the undertaking.

2

Before taking the proposed action mentioned in subsection (1) the CMA must—

a

give notice to the person under subsection (3), and

b

consider any representations made in accordance with the notice.

3

A notice under this subsection must state—

a

the fact that the CMA is proposing to act as mentioned in subsection (1),

b

the reasons for doing so, and

c

the means by which, and the time by which, representations may be made in relation to the proposed action.

4

If after considering any representations made in accordance with a notice under subsection (3) the CMA decides to take an action mentioned in subsection (1), the CMA must give notice to the person of that decision.

5

The reference in subsection (1)(a) to a material variation is a reference to any variation that the CMA considers to be material in any respect.