Part 3Mergers
Chapter 4Enforcement
Final powers
83Order-making power where final undertakings not fulfilled
(1)
Subsection (2) applies where the Commission considers that—
(a)
an undertaking accepted by it under section 82 has not been, is not being or will not be fulfilled; or
(b)
in relation to an undertaking accepted by it under that section, information which was false or misleading in a material respect was given to the Commission or the OFT by the person giving the undertaking before the Commission decided to accept the undertaking.
(2)
The Commission may, for any of the purposes mentioned in section 41(2), make an order under this section.
(3)
Subsections (3) to (5) of section 41 shall apply for the purposes of subsection (2) above as they apply for the purposes of subsection (2) of that section.
(4)
An order under this section may contain—
(a)
anything permitted by Schedule 8; and
(b)
such supplementary, consequential or incidental provision as the Commission considers appropriate.
(5)
An order under this section—
(a)
shall come into force at such time as is determined by or under the order;
(b)
may contain provision which is different from the provision contained in the undertaking concerned; and
(c)
may be varied or revoked by another order.
(6)
No order shall be varied or revoked under this section unless the OFT advises that such a variation or revocation is appropriate by reason of a change of circumstances.