Part 3

Mergers
Chapter 4

Enforcement

Final powers

Order-making power where final undertakings not fulfilled
83
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.