Section 82 Final undertakings

United Kingdom

(1)

The F1CMA may, in accordance with section 41, accept, from such persons as it considers appropriate, undertakings to take action specified or described in the undertakings.

(2)

An undertaking under this section—

(a)

shall come into force when accepted;

(b)

may be varied or superseded by another undertaking; and

(c)

may be released by the CMA.

(3)

An undertaking which is in force under this section in relation to a reference under section 22 F2, 33, 68B or 68C shall cease to be in force if an order under section 76(1)(b) or 83 comes into force in relation to the subject-matter of the undertaking.

(4)

No undertaking shall be accepted under this section in relation to a reference under section 22 F3, 33, 68B or 68C if an order has been made under—

(a)

section 76(1)(b) or 83 in relation to the subject-matter of the undertaking; or

(b)

section 84 in relation to that reference.

(5)

The F4CMA shall, as soon as reasonably practicable, consider any representations received by it in relation to varying or releasing an undertaking under this section.

Annotations

Textual amendments

F1: Word in s. 82(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 122 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2: Words in s. 82(3) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(j), Sch. 16 para. 20
F3: Words in s. 82(4) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(j), Sch. 16 para. 20
F4: Word in s. 82(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 122 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)