Section 167 Rights to enforce undertakings and orders under this Part

United Kingdom

(1)

This section applies to

(a)

any enforcement undertaking or enforcement orderF2;

(b)

any undertaking accepted, or order made, under section 161C.

(2)

Any person to whom such an undertaking or order relates shall have a duty to comply with it.

(3)

The duty shall be owed to any person who may be affected by a contravention of the undertaking or (as the case may be) order.

(4)

Any breach of the duty which causes such a person to sustain loss or damage shall be actionable by him.

(5)

In any proceedings brought under subsection (4) against a person to whom an F3undertaking or order to which this section applies relates it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid contravening the undertaking or (as the case may be) order.

(6)

Compliance with an F4undertaking or order to which this section applies shall also be enforceable by civil proceedings brought by the F5CMA for an injunction or for interdict or for any other appropriate relief or remedy.

(7)

Compliance with an undertaking accepted F6by the Secretary of State under section 157 or 159, or an order F7made by the Secretary of State under section 158, 160 or 161, shall also be enforceable by civil proceedings brought by the F8Secretary of State for an injunction or for interdict or for any other appropriate relief or remedy.

(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

Subsections F10(6) and (7) shall not prejudice any right that a person may have by virtue of subsection (4) to bring civil proceedings for contravention or apprehended contravention of an F11undertaking or order to which this section applies.

(10)

F12In 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 167C at the time of the failure to comply with the undertaking or (as the case may be) order.

Annotations

Textual amendments

F1: Words in s. 167(1) renumbered as s. 167(1)(a) (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 9 para. 7(2)(a); S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20)
F2: S. 167(1)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 9 para. 7(2)(b); S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20)
F3: Words in s. 167(5) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 9 para. 7(3); S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20)
F4: Words in s. 167(6) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 9 para. 7(4); S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20)
F5: Word in s. 167(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 197(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6: Words in s. 167(7) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 197(3)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F7: Words in s. 167(7) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 197(3)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F8: Words in s. 167(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 197(3)(c) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F9: S. 167(8) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 197(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F10: Words in s. 167(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 197(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F11: Words in s. 167(9) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 9 para. 7(5); S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20)
F12: S. 167(10) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 11 para. 17; S.I. 2024/1226, regs. 1(2), 2(1)(15) (with Sch. para. 16(4)-(6), 20)