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(1)This section applies if the [F2CMA] believes that an enforcer other than the [F2CMA] intends to apply for an enforcement order.
(2)In such a case the [F2CMA] may direct that if an application in respect of a particular infringement is to be made it must be made—
(a)only by the [F2CMA], or
(b)only by such other enforcer as the [F2CMA] directs.
(3)If the [F2CMA] directs that only it may make an application that does not prevent—
(a)the [F2CMA] or any enforcer from accepting an undertaking under section 219, or
(b)the [F2CMA] from taking such other steps it thinks appropriate (apart from making an application) for the purpose of securing that the infringement is not committed, continued or repeated.
(4)The [F2CMA] may vary or withdraw a direction given under this section.
(5)The [F2CMA] must take such steps as it thinks appropriate to bring a direction (or a variation or withdrawal of a direction) to the attention of enforcers it thinks may be affected by it.
(6)But this section does not prevent an application for an enforcement order being made by a Community enforcer.
Textual Amendments
F1Word in s. 216 heading substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 9 (with art. 3)
F2Word in s. 216(1)-(5) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 9 (with art. 3)