Part 3Enforcement of consumer protection law
Chapter 4Direct enforcement powers of CMA
Directions
I1C1195Substantiation of claims
1
This section applies where—
a
the CMA gives a provisional notice under this Chapter to a person (“the respondent”) in respect of a relevant infringement involving a contravention of Chapter 1 of Part 4 (protection from unfair trading), and
b
the respondent makes representations to the CMA in response to that notice.
2
The CMA may, for the purpose of considering the representations, require the respondent to provide evidence as to the accuracy of any factual claim made as part of a commercial practice of the respondent.
3
The CMA may determine that a factual claim of the respondent is inaccurate if—
a
the respondent fails to provide evidence of the accuracy of the claim in response to a requirement imposed under subsection (2), or
b
the CMA considers that any such evidence that is provided is inadequate.
4
In this section “provisional notice” means—
a
a provisional infringement notice,
b
a provisional breach of undertakings enforcement notice, or
c
a provisional breach of directions enforcement notice.