Section 156 Effect of undertakings in lieu

United Kingdom

(A1)

F1No market investigation reference shall be made by the CMA or the appropriate Minister in relation to any feature, or combination of features, of a market in the United Kingdom for goods or services if—

(a)

the CMA has accepted an undertaking or group of undertakings under section F2154A within the previous 12 months;

(b)

F3any feature or combination of features to which the undertaking or group of undertakings relates is F4a feature or combination of features to which the reference would relate; and

(c)

the goods or services to which the undertaking or group of undertakings relates are of the same description as the goods or services to which the reference would relate.

(1)

No F5ordinary reference shall be made by the F6CMA or the appropriate Minister in relation to any feature, or combination of features, of a market in the United Kingdom for goods or services if—

(a)

the CMA has F7, instead of making an ordinary reference, accepted an undertaking or group of undertakings F8in lieu of a reference under section 154A within the previous 12 months; F9...

(ab)

F10any feature or combination of features to which the undertaking or group of undertakings relates is a feature or combination of features to which the reference would relate; and

(b)

the goods or services to which the undertaking or group of undertakings relates are of the same description as the goods or services to which F11the reference would relate.

(2)

F12Subsections (A1) and (1) do not prevent the making of a market investigation reference if—

(a)

the CMA considers that any undertaking concerned has been breached and has given notice of that fact to the person responsible for giving the undertaking; or

(b)

the person responsible for giving any undertaking concerned supplied, in connection with the matter, information to the CMA which was false or misleading in a material respect.

(3)

F13The expiry of the period mentioned in section 131B(4) does not prevent the making of a market investigation reference if the CMA has accepted an undertaking or group of undertakings under section F14154A and—

(a)

the CMA considers that any undertaking concerned has been breached and has given notice of that fact to the person responsible for giving the undertaking; or

(b)

the person responsible for giving any undertaking concerned supplied, in connection with the matter, information to the OFT which was false or misleading in a material respect.

(4)

F15Where the CMA has, under section 154A, accepted an undertaking, or group of undertakings, in lieu of a report the CMA is not required by virtue of section 134 to make the decisions referred to in subsections (1) and (1A) of that section in relation to a feature, or features, to which the undertaking, or group of undertakings, relate.

(5)

Accordingly, a report under section 136 is not required, and the duty under section 138 does not arise, if the CMA accepts an undertaking fully in lieu of a report.

(6)

Instead, where the CMA accepts an undertaking fully in lieu of a report the CMA must prepare and publish a report containing—

(a)

the CMA’s decision to accept the undertaking,

(b)

the reasons for the decision, and

(c)

such information as the CMA considers appropriate for facilitating a proper understanding of the decision and its reasons for the decision.

(7)

For provision equivalent to subsection (6) in the case where the CMA accepts an undertaking partially in lieu of a report, see section 136(2)(aa).

Annotations

Textual amendments

F1: S. 156(A1) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 9 para. 8(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2: Word in s. 156(A1)(a) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 10(3)(a); S.I. 2024/1226, regs. 1(2), 2(1)(12) (with Sch. para. 9, 20)
F3: Word in s. 156(A1)(b) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 10(3)(b)(i); S.I. 2024/1226, regs. 1(2), 2(1)(12) (with Sch. para. 9, 20)
F4: Word in s. 156(A1)(b) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 10(3)(b)(ii); S.I. 2024/1226, regs. 1(2), 2(1)(12) (with Sch. para. 9, 20)
F5: Word in s. 156(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 9 para. 8(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6: Word in s. 156(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 189 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F7: Words in s. 156(1)(a) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 9 para. 8(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F8: Words in s. 156(1) substituted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 10(4)(a); S.I. 2024/1226, regs. 1(2), 2(1)(12) (with Sch. para. 9, 20)
F9: Word in s. 156(1)(a) omitted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 10(4)(b); S.I. 2024/1226, regs. 1(2), 2(1)(12) (with Sch. para. 9, 20)
F10: S. 156(1)(ab) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 10(4)(c); S.I. 2024/1226, regs. 1(2), 2(1)(12) (with Sch. para. 9, 20)
F11: Words in s. 156(1)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 9 para. 8(3)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F12: Words in s. 156(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 9 para. 8(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F13: S. 156(3) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 12; S.I. 2014/416, art. 2(1)(d) (with Sch.)
F14: Word in s. 156(3) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 10(5); S.I. 2024/1226, regs. 1(2), 2(1)(12) (with Sch. para. 9, 20)
F15: S. 156(4)-(7) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 10(6); S.I. 2024/1226, regs. 1(2), 2(1)(12) (with Sch. para. 9, 20)
F16: Words in s. 156 heading substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 10(2); S.I. 2024/1226, regs. 1(2), 2(1)(12) (with Sch. para. 9, 20)