Enterprise Act 2002

163 [F1Role of CMA in relation to undertakings and orders in public interest cases: Part 4]U.K.
This section has no associated Explanatory Notes

(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.

Textual Amendments