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Enterprise Act 2002

Section 219: Undertakings

546.This section provides that where an enforcer has the power to make an application to the court for an enforcement order, it (the enforcer) may accept an undertaking from a person who it believes has engaged, or is engaging, in conduct that constitutes an infringement or, in the case of a Community infringement, is likely to do so (subsections (1) to (3)). The undertaking must require that person:

  • not to continue or repeat the conduct in question; or

  • not to engage in such conduct which is believed to constitute a Community infringement if it has not yet occurred; and

  • not to engage in conduct of that kind in the course of the business concerned or another business carried out by him in future; and

  • not to consent to, or connive in, the carrying out of conduct of that kind by a body corporate with which he has a special relationship as defined in section 222(3).

as provided by subsections (4) and (5). An enforcer may decide that such an undertaking will avoid the need for it to apply for an enforcement order. An enforcer must notify the OFT of the terms of any undertaking given to it under this section and the identity of the person giving it (subsection (6)). This is to enable the OFT to fulfil its co-ordination role.

547.If a person gives an undertaking to an enforcer under this section, the court must take this, as well as whether he has failed to comply with it, into account in considering whether to make an enforcement order on any subsequent application.

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