Part I Competition
Chapter III Investigation and Enforcement
Investigations
F131EEnforcement of commitments
(1)
If a person from whom the F2CMA has accepted commitments fails without reasonable excuse to adhere to the commitments (and has not been released from them), the F2CMA may apply to the court for an order—
(a)
requiring the defaulter to make good his default within a time specified in the order; or
(b)
if the commitments relate to anything to be done in the management or administration of an undertaking, requiring the undertaking or any of its officers to do it.
(2)
An order of the court under subsection (1) may provide for all the costs of, or incidental to, the application for the order to be borne by—
(a)
the person in default; or
(b)
any officer of an undertaking who is responsible for the default.
(3)
In the application of subsection (2) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.
F3(4)
In deciding whether and, if so, how to proceed under this section, the CMA must have regard to the statement of policy which was most recently published by it under section 35C at the time of the failure to adhere to the commitments.