Digital Markets, Competition and Consumers Act 2024

167 Undertakings to public designated enforcers: further proceedings U.K.

(1) This section applies where a public designated enforcer accepts an undertaking from a person (“the respondent”) under section 163.

(2) The enforcer may apply to the court in respect of a failure to comply with the undertaking.

(3) An application under subsection (2) may include an application for a consumer protection order of any kind that the enforcer concerned is authorised under this Chapter to apply for.

(4) If the court finds that the undertaking is not being complied with, the court may do either or both of the following—

(a) make a consumer protection order (instead of making any other order it has power to make);

(b) make an order requiring the respondent to pay a monetary penalty.

(5) A requirement under subsection (4)(b) to pay a monetary penalty may be imposed only if the court is satisfied that the respondent’s failure in question is without reasonable excuse.

(6) Where an application is made under subsection (2) for a consumer protection order—

(a) sections 154 and 160(5) (directions by CMA) and section 155 (consultation) do not apply;

(b) the application may be made only in respect of a commercial practice that the enforcer considers a person has engaged or is engaging in (and not in respect of a practice that a person is likely to engage in);

(c) a power of the court to accept an undertaking instead of making a consumer protection order does not apply,

and the preceding provisions of this Chapter apply subject to this subsection.

(7) An application may not be made under subsection (2) in the case of a failure to comply with an undertaking which consists only of a failure to provide information or documents under section 164(4).

(8) In addition to any right of appeal on a point of law, a person liable to pay a penalty by virtue of an order under subsection (4)(b) may appeal in respect of—

(a) the decision to impose the penalty, or

(b) the nature or amount of the penalty.

(9) In connection with orders under subsection (4)(b), see further—

(a) section 168, which provides for the amount of penalties, and

(b) section 203, which provides for information to accompany such orders.

Commencement Information

I1 S. 167 not in force at Royal Assent, see s. 339(1)

I2 S. 167 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(2)