Enterprise Act 2002

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Enterprise Act 2002

Changes over time for: Section 156

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Changes to legislation:

There are currently no known outstanding effects for the Enterprise Act 2002, Section 156.

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156 Effect of undertakings [F1in lieu]U.K.

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[F2(A1)No market investigation reference shall be made by the CMA or the appropriate Minister in relation to any feature, or combination of features, of a market in the United Kingdom for goods or services if—

(a)the CMA has accepted an undertaking or group of undertakings under section [F3154A] within the previous 12 months;

(b)[F4any] feature or combination of features to which the undertaking or group of undertakings relates is [F5a] feature or combination of features to which the reference would relate; and

(c)the goods or services to which the undertaking or group of undertakings relates are of the same description as the goods or services to which the reference would relate.]

(1)No [F6ordinary] reference shall be made by the [F7CMA] or the appropriate Minister in relation to any feature, or combination of features, of a market in the United Kingdom for goods or services if—

(a)the [F7CMA] has [F8, instead of making an ordinary reference,] accepted an undertaking or group of undertakings [F9in lieu of a reference under section 154A] within the previous 12 months; F10...

[F11(ab)any feature or combination of features to which the undertaking or group of undertakings relates is a feature or combination of features to which the reference would relate; and]

(b)the goods or services to which the undertaking or group of undertakings relates are of the same description as the goods or services to which [F12the reference would relate].

(2)[F13Subsections (A1) and (1) do] not prevent the making of a market investigation reference if—

(a)the [F7CMA] considers that any undertaking concerned has been breached and has given notice of that fact to the person responsible for giving the undertaking; or

(b)the person responsible for giving any undertaking concerned supplied, in connection with the matter, information to the [F7CMA] which was false or misleading in a material respect.

[F14(3)The expiry of the period mentioned in section 131B(4) does not prevent the making of a market investigation reference if the CMA has accepted an undertaking or group of undertakings under section [F15154A] and—

(a)the CMA considers that any undertaking concerned has been breached and has given notice of that fact to the person responsible for giving the undertaking; or

(b)the person responsible for giving any undertaking concerned supplied, in connection with the matter, information to the OFT which was false or misleading in a material respect.]

[F16(4)Where the CMA has, under section 154A, accepted an undertaking, or group of undertakings, in lieu of a report the CMA is not required by virtue of section 134 to make the decisions referred to in subsections (1) and (1A) of that section in relation to a feature, or features, to which the undertaking, or group of undertakings, relate.

(5)Accordingly, a report under section 136 is not required, and the duty under section 138 does not arise, if the CMA accepts an undertaking fully in lieu of a report.

(6)Instead, where the CMA accepts an undertaking fully in lieu of a report the CMA must prepare and publish a report containing—

(a)the CMA’s decision to accept the undertaking,

(b)the reasons for the decision, and

(c)such information as the CMA considers appropriate for facilitating a proper understanding of the decision and its reasons for the decision.

(7)For provision equivalent to subsection (6) in the case where the CMA accepts an undertaking partially in lieu of a report, see section 136(2)(aa).]

Textual Amendments

F1 Words in s. 156 heading substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 10(2); S.I. 2024/1226, regs. 1(2), 2(1)(12) (with Sch. para. 9, 20)