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PART 4Competition Reform

CHAPTER 5Miscellaneous

Enforcement orders: markets and mergers

49Enforcement orders: monitoring compliance and determination of disputes

In Schedule 8 to the 2002 Act (provision that may be contained in certain enforcement orders made under Part 3 or 4 of that Act), after paragraph 20B insert—

Monitoring of compliance and determination of disputes

20C(1)An order may provide for the appointment of one or more than one person (referred to in this paragraph as an “appointee”) by the relevant authority or by such other persons as may be specified or described in the order to—

(a)monitor compliance with such terms of the order as are so specified or described or terms of any directions given under the order;

(b)determine any dispute between persons who are subject to the order about what is required by any such terms.

(2)An order made by virtue of this paragraph must make provision as to the terms of an appointee’s appointment.

(3)A determination made by virtue of an order under this paragraph is binding on—

(a)any person who is subject to the order;

(b)the relevant authority; and

(c)in the case where the relevant authority is the Secretary of State, the CMA.

50Enforcement orders: provision of information

(1)Schedule 8 to the 2002 Act (provision that may be contained in certain enforcement orders made under Part 3 or 4 of that Act) is amended as follows.

(2)Omit paragraph 15 (publication etc. of price information).

(3)Paragraph 17 (publication etc. of other information) is amended as follows.

(4)In sub-paragraph (1)—

(a)in the words before paragraph (a), after “publish” insert “or otherwise notify”, and

(b)after paragraph (c) insert—

(d)information in relation to prices of the goods or services supplied;

(e)such other information in relation to the goods or services supplied as the relevant authority considers appropriate.

(5)After sub-paragraph (1) insert—

(1A)An order may prohibit the publication or other notification of information falling within sub-paragraph (1)(a) to (e) by a person supplying goods or services.

(6)In paragraph 18 (supplementary provision about orders under paragraphs 15 and 17), omit “15 or”.