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Enterprise Act 2002

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This is the original version (as it was originally enacted).

157Interim undertakings: Part 4
This section has no associated Explanatory Notes

(1)Subsection (2) applies where—

(a)a market investigation reference has been made;

(b)a report has been published under section 136 within the period permitted by section 137 or (as the case may be) a report prepared under section 142 and given to the Secretary of State under section 143(3) within the period permitted by section 144 has been published; and

(c)the market investigation reference concerned is not finally determined.

(2)The relevant authority may, for the purpose of preventing pre-emptive action, accept, from such persons as the relevant authority considers appropriate, undertakings to take such action as the relevant authority considers appropriate.

(3)An undertaking under this section—

(a)shall come into force when accepted;

(b)may be varied or superseded by another undertaking; and

(c)may be released by the relevant authority.

(4)An undertaking under this section shall, if it has not previously ceased to be in force, cease to be in force when the market investigation reference is finally determined.

(5)The relevant authority shall, as soon as reasonably practicable, consider any representations received by the relevant authority in relation to varying or releasing an undertaking under this section.

(6)In this section and section 158—

  • “pre-emptive action” means action which might impede the taking of any action under section 138(2) or (as the case may be) 147(2) in relation to the market investigation reference concerned; and

  • “the relevant authority” means—

    (a)

    where an intervention notice is in force in relation to the market investigation reference, the Secretary of State;

    (b)

    in any other case, the Commission.

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