Part 3Mergers

Chapter 4Enforcement

Enforcement functions of CMA

93 Further role of F1CMA in relation to undertakings and orders

(1)

Subsections (2) and (3) apply where—

F2(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

the Secretary of State is considering whether to accept undertakings under paragraph F3...3 or 9 of Schedule 7.

(2)

F4The Secretary of State may require the F5CMA to consult with such persons as the F6Secretary of State considers appropriate with a view to discovering whether they will offer undertakings which the F6Secretary of State would be prepared to accept under F7... paragraph F8... 3 or 9 of Schedule 7.

(3)

The F9Secretary of State may require the F10CMA to report to the relevant authority on the outcome of the F11CMA's consultations within such period as the relevant authority may require.

(4)

A report under subsection (3) shall, in particular, contain advice from the F12CMA as to whether any undertakings offered should be accepted by the F13Secretary of State under F14... paragraph F15... 3 or 9 of Schedule 7.

(5)

The powers conferred on the relevant authority by subsections (1) to (4) are without prejudice to the power of the relevant authority to consult the persons concerned itself.

(6)

If asked by the F16Secretary of State for advice in relation to the taking of enforcement action (whether or not by way of undertaking) in a particular case, the F17CMA shall give such advice as it considers appropriate.