Section 31A Commitments

United Kingdom

(1)

F1Subsection (2) applies in a case where the F2CMA has begun an investigation under section 25 but has not made a decision (within the meaning given by section 31(2)).

(2)

For the purposes of addressing the competition concerns it has identified, the CMA may accept from such person (or persons) concerned as it considers appropriate commitments to take such action (or refrain from taking such action) as it considers appropriate.

(2A)

F3But the CMA may not accept commitments from a person unless it has provided the person with information about the possible consequences of failing to adhere to the commitments.

(3)

At any time when commitments are in force the CMA may accept from the person (or persons) who gave the commitments—

(a)

a variation of them if it is satisfied that the commitments as varied will address its current competition concerns;

(b)

commitments in substitution for them if it is satisfied that the new commitments will address its current competition concerns.

(4)

Commitments under this section—

(a)

shall come into force when accepted; and

(b)

may be released by the CMA where—

(i)

it is requested to do so by the person (or persons) who gave the commitments; or

(ii)

it has reasonable grounds for believing that the competition concerns referred to in subsection (2) or (3) no longer arise.

(5)

The provisions of Schedule 6A to this Act shall have effect with respect to procedural requirements for the acceptance, variation and release of commitments under this section.

Annotations

Textual amendments

F1: Ss. 31A-31E inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 18
F2: Words in s. 31A(1)-(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 11 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3: S. 31A(2A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 11 para. 2; S.I. 2024/1226, regs. 1(2), 2(1)(15)

Notes on the whole Act

Textual amendments

F1: Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1