Paragraph 10 I1I2

In section 94 (rights to enforce undertakings and orders), after subsection (9) insert—

“(10)

In 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 94B at the time of the failure to comply with the undertaking or (as the case may be) order.”