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.