Part 3

Enforcement of consumer protection law
Chapter 4

Direct enforcement powers of CMA

Undertakings

Effect of undertakings under section 185
186
1
This section applies where the CMA accepts an undertaking from a person under section 185 in connection with a matter that it was investigating under section 180.
2
The CMA may not give a final infringement notice or an online interface notice to the person in relation to the matter.
3
Subsection (2) does not prevent the CMA from giving a final infringement notice or an online interface notice to the person—
a
if and to the extent that the notice relates to anything not addressed by the acceptance of the undertaking mentioned in subsection (1);
b
if the CMA considers that there has been a material change of circumstances since the undertaking was accepted;
c
if the CMA has reasonable grounds for suspecting that a person from whom the undertaking was accepted has failed to adhere to one or more of the terms of the undertaking;
d
if the CMA has reasonable grounds for suspecting that information which led it to accept the undertaking was incomplete, false or misleading in a material way.
4
If the CMA gives a final infringement notice or an online interface notice by virtue of subsection (3)(b), (c) or (d), the undertaking is to be treated as released as from the date on which the notice is given.
S. 186 not in force at Royal Assent, see s. 339(1)
S. 186 in force at 6.4.2025 by S.I. 2025/272, reg. 2(1)(2)