Part 4

Market Investigations
Chapter 3

Enforcement

Undertakings and orders

Interim undertakings: Part 4
157
1
Subsection (2) applies where—
a
a market investigation reference has been made;
b
a report has been published under section 136 within the period permitted by section 137 or (as the case may be) a report prepared under section 142 and given to the Secretary of State under section 143(3) within the period permitted by section 144 has been published; and
c
the market investigation reference concerned is not finally determined.
2
The relevant authority may, for the purpose of preventing pre-emptive action, accept, from such persons as the relevant authority considers appropriate, undertakings to take such action as the relevant authority considers appropriate.
3
An undertaking under this section—
a
shall come into force when accepted;
b
may be varied or superseded by another undertaking; and
c
may be released by the relevant authority.
4
An undertaking under this section shall, if it has not previously ceased to be in force, cease to be in force when the market investigation reference is finally determined.
5
The relevant authority shall, as soon as reasonably practicable, consider any representations received by the relevant authority in relation to varying or releasing an undertaking under this section.
6
In this section and section 158—
- “pre-emptive action” means action which might impede the taking of any action under section 138(2) or (as the case may be) 147(2) in relation to the market investigation reference concerned; and
- “the relevant authority” means—
  1. where an intervention notice is in force in relation to the market investigation reference, the Secretary of State;
  2. in any other case, the Commission.