Part 4Market Studies and Market Investigations

Chapter 3Enforcement

Undertakings and orders: monitoring, consultation and advice

162 Duty of F1CMA to monitor F2the carrying out of undertakings and orders: Part 4

(1)

The F3CMA shall keep under review the carrying out of any enforcement undertaking or any enforcement order.

(2)

The F3CMA shall, in particular, from time to time consider—

(a)

whether an enforcement undertaking or enforcement order has been or is being complied with;

(b)

whether, by reason of any change of circumstances, an enforcement undertaking is no longer appropriate and—

(i)

one or more of the parties to it can be released from it; or

(ii)

it needs to be varied or to be superseded by a new enforcement undertaking; and

(c)

whether, by reason of any change of circumstances, an enforcement order is no longer appropriate and needs to be varied or revoked.

(3)

The F4CMA shall give F5... the Secretary of State such advice as it considers appropriate in relation to—

(a)

any possible variation or release by F6...the Secretary of State of an enforcement undertaking accepted by F7... him;

(b)

any possible new enforcement undertaking to be accepted by F8... the Secretary of State so as to supersede another enforcement undertaking given to F8... the Secretary of State;

(c)

any possible variation or revocation by F8... the Secretary of State of an enforcement order made by F8... the Secretary of State;

(d)

any possible enforcement undertaking to be accepted by F8... the Secretary of State instead of an enforcement order or any possible enforcement order to be made by F8... the Secretary of State instead of an enforcement undertaking; or

(e)

the enforcement by virtue of section F9167(6) and (7) of any enforcement undertaking or enforcement order.

(4)

The F10CMA shall take such action as it considers appropriate in relation to—

(a)

any possible variation or release by it of an undertaking accepted by it under section F11154A;

(b)

any possible new undertaking to be accepted by it under section F12154A so as to supersede another undertaking given to it under that section;

F13(ba)

any possible variation or release by it of an enforcement undertaking accepted by it;

(bb)

any possible new enforcement undertaking to be accepted by it so as to supersede another enforcement undertaking given to it;

(bc)

any possible variation or revocation by it of an enforcement order made by it;

(bd)

any possible enforcement undertaking to be accepted by it instead of an enforcement order or any possible enforcement order to be made by it instead of an enforcement undertaking; or

(c)

the enforcement by it by virtue of section 167(6) of any enforcement undertaking or enforcement order.

F14(5)

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F14(6)

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F14(7)

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(8)

In this Part—

“enforcement order” means an order made under section 158, 160 or 161; and

“enforcement undertaking” means an undertaking accepted under section F15154A, 157 or 159.