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.