Section 31B Effect of commitments under section 31A

United Kingdom

(1)

F1Subsection (2) applies if the F2CMA has accepted commitments under section 31A (and has not released them).

(2)

In such a case, the CMA shall not—

(a)

continue the investigation,

(b)

make a decision (within the meaning of section 31(2)), or

(c)

give a direction under section 35,

in relation to the agreement or conduct which was the subject of the investigation (but this subsection is subject to subsections (3) and (4)).

(3)

Nothing in subsection (2) prevents the CMA from taking any action in relation to competition concerns which are not addressed by commitments accepted by it.

(4)

Subsection (2) also does not prevent the CMA from continuing the investigation, making a decision, or giving a direction where—

(a)

it has reasonable grounds for believing that there has been a material change of circumstances since the commitments were accepted;

(b)

it has reasonable grounds for suspecting that a person has failed to adhere to one or more of the terms of the commitments; or

(c)

it has reasonable grounds for suspecting that information which led it to accept the commitments was incomplete, false or misleading in a material particular.

(5)

If, pursuant to subsection (4), the CMA makes a decision or gives a direction the commitments are to be treated as released from the date of that decision or direction.

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 ss. 31B(1)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 12 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

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