Undertakings and orders: monitoring, consultation and advice
163F1Role of CMA in relation to undertakings and orders in public interest cases: Part 4
(1)
Subsections (2) and (3) apply where F2... the Secretary of State F3... is considering whether to accept undertakings under section 157 or 159.
(2)
The F4Secretary of State may require the F5CMA to consult with such persons as the F4Secretary of State considers appropriate with a view to discovering whether they will offer undertakings which the F4Secretary of State would be prepared to accept under section 157 or (as the case may be) 159.
(3)
The F6Secretary of State may require the F7CMA to report to the F6Secretary of State on the outcome of the F8CMA's consultations within such period as the F6Secretary of State may require.
(4)
A report under subsection (3) shall, in particular, contain advice from the F9CMA as to whether any undertakings offered should be accepted by the F10Secretary of State
under section 157 or (as the case may be) 159.
(5)
The powers conferred on the F11Secretary of State by subsections (1) to (4) are without prejudice to the power of the F11Secretary of State to consult the persons concerned F12....
(6)
If asked by the F13Secretary of State for advice in relation to the taking of enforcement action (whether or not by way of undertakings) in a particular case, the F14CMA shall give such advice as it considers appropriate.