Part 3Enforcement of consumer protection law
Chapter 4Direct enforcement powers of CMA
Undertakings
189Final breach of undertakings enforcement notice
1
This section applies where—
a
the CMA has given to the respondent a provisional breach of undertakings enforcement notice under section 188,
b
the time for the respondent to make representations to the CMA in accordance with that notice has expired, and
c
after considering such representations (if any), the CMA is satisfied that the respondent has failed to comply with one or more of the terms of the undertaking.
2
The CMA may give to the respondent a notice under this section (a “final breach of undertakings enforcement notice”).
3
A final breach of undertakings enforcement notice may, subject to subsection (4), impose on the respondent a requirement to do either or both of the following—
a
to comply with such directions as the CMA considers appropriate for the purpose of securing that the respondent complies with section 188(5);
b
to pay a monetary penalty in respect of the failure mentioned in subsection (1)(c).
4
A requirement under subsection (3)(b) to pay a monetary penalty may be imposed only if the CMA is satisfied that the failure in question is without reasonable excuse.
5
A final breach of undertakings enforcement notice must—
a
set out the grounds on which it is given, including the respondent’s acts or omissions giving rise to the failure mentioned in subsection (1)(c);
b
state any further factors (in addition to those provided under paragraph (a)) which the CMA considers justify the giving of the notice;
c
if directions are given under subsection (3)(a), specify the actions to be taken by the respondent in accordance with the directions;
d
if a penalty is imposed under subsection (3)(b), specify the monetary penalty information (see section 203);
e
state that the respondent has a right to appeal against the notice and the main details of that right (so far as not stated in accordance with paragraph (d)).
6
The CMA may publish a final breach of undertakings enforcement notice in such manner, and to such extent, as the CMA considers appropriate.