Part I Competition

Chapter III Investigation and Enforcement

F1Transferred EU anti-trust commitments and transferred EU anti-trust directions

40ZBTransferred EU anti-trust commitments

(1)

The CMA has the function of monitoring compliance with transferred EU anti-trust commitments.

(2)

If a person who is bound by transferred EU anti-trust commitments fails, without reasonable excuse, to adhere to those commitments, the CMA may apply to the court for an order—

(a)

requiring the defaulter to make good the default within a time specified in the order; or

(b)

if any of the transferred EU anti-trust 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.

(3)

An order of the court under subsection (2) may provide for all of 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.

(4)

In the application of subsection (3) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.

(5)

In this section, “transferred EU anti-trust commitments” has the meaning given by section 40ZA(1).