Enterprise Act 2002

219 Undertakings E+W+S+N.I.

(1) This section applies if an enforcer has power to make an application under section 215.

(2) In such a case the enforcer may accept from a person to whom subsection (3) applies an undertaking that the person will comply with subsection (4).

(3) This subsection applies to a person who the enforcer believes—

(a) has engaged in conduct which constitutes an infringement;

(b) is engaging in such conduct;

(c) is likely to engage in conduct which constitutes a Community infringement.

(4) A person complies with this subsection if he—

(a) does not continue or repeat the conduct;

(b) does not engage in such conduct in the course of his business or another business;

(c) does not consent to or connive in the carrying out of such conduct by a body corporate with which he has a special relationship (within the meaning of section 222(3)).

(5) But subsection (4)(a) does not apply in the case of an undertaking given by a person in so far as subsection (3) applies to him by virtue of paragraph (c).

[F1 (5A) A CPC enforcer who has accepted an undertaking under this section may—

(a) accept a further undertaking from the person concerned to publish the terms of the undertaking; or

(b) take steps itself to publish the undertaking.

(5B) In each case the undertaking shall be published in such form and manner and to such extent as the CPC enforcer thinks appropriate for the purpose of eliminating any continuing effects of the Community infringement.]

(6) If an enforcer accepts an undertaking under this section it must notify the OFT—

(a) of the terms of the undertaking;

(b) of the identity of the person who gave it.

Annotations:

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Amendments (Textual)

F1 S. 219(5A)(5B) inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 13