Section 31E Enforcement of commitments

United Kingdom

(1)

F1If a person from whom the F2CMA has accepted commitments fails without reasonable excuse to adhere to the commitments (and has not been released from them), the CMA may apply to the court for an order—

(a)

requiring the defaulter to make good his default within a time specified in the order; or

(b)

if the commitments relate to anything to be done in the management or administration of an undertaking, requiring the undertaking or any of its officers to do it.

(2)

An order of the court under subsection (1) may provide for all the costs of, or incidental to, the application for the order to be borne by—

(a)

the person in default; or

(b)

any officer of an undertaking who is responsible for the default.

(3)

In the application of subsection (2) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.

(4)

F3In deciding whether and, if so, how to proceed under this section, the CMA must have regard to the statement of policy which was most recently published by it under section 35C at the time of the failure to adhere to the commitments.

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: Word in s. 31E(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 15 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3: S. 31E(4) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 11 para. 3; S.I. 2024/1226, regs. 1(2), 2(1)(15) (with Sch. paras. 16(1), 20)

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