Digital Markets, Competition and Consumers Act 2024
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Change 1
As published
163 Acceptance of undertakings by enforcers
(1) This section applies where an enforcer could make an application under section 153 for an enforcement order, or an interim enforcement order, against a person (“the respondent”) whom the enforcer believes—
(a) has engaged, is engaging or is likely to engage in a commercial practice which constitutes a relevant infringement (“the infringing practice”), or
(b) is an accessory to the infringing practice.
(2) The enforcer may accept an undertaking from the respondent to do one or more of the following—
(a) in the case of a respondent within subsection (1)(a), not to continue or repeat the infringing practice (where it is alleged that the respondent has engaged or is engaging in that practice);
(b) in the case of a respondent within subsection (1)(b), not to consent to or connive in the infringing practice;
(c) in either case, not to engage in the infringing practice in the course of the respondent’s business or another business;
(d) in either case, not to consent to or connive in the carrying out of the infringing practice by a body corporate with which the respondent has a special relationship (see section 220).
(3) See also section 164 about the inclusion of enhanced consumer measures in an undertaking under this section.
(4) Where the enforcer accepts an undertaking under subsection (2) the enforcer may publish the undertaking or accept a further undertaking from the respondent to do so.
(5) Publication under subsection (4)—
(a) must be made in such form and manner, and to such an extent, as the enforcer considers appropriate for the purpose of eliminating any continuing effects of the infringing practice;
(b) is not an enhanced consumer measure for the purposes of this Chapter.
(6) Where an enforcer has accepted from the respondent an undertaking under this section—
(a) the enforcer may accept from the respondent any such variation of the undertaking that the enforcer considers appropriate for meeting the purposes for which the undertaking was given;
(b) the enforcer may release the respondent from the undertaking (whether on its own initiative or at the respondent’s request) if the enforcer considers that the undertaking is no longer necessary to meet those purposes.
(7) Each enforcer must keep a record of—
(a) undertakings it has accepted under this section, and
(b) reviews it has carried out into the effectiveness of such undertakings.
(8) In determining for the purposes of subsection (1) whether an enforcer could make an application under section 153, section 169 is to be ignored.
Your change, as a redline
163 Acceptance of undertakings by enforcers
(1) This section applies where an enforcer could make an application under section 153 for an enforcement order, or an interim enforcement order, against a person (“the respondent”) whom the enforcer believes—
(a) has engaged, is engaging or is likely to engage in a commercial practice which constitutes a relevant infringement (“the infringing practice”), or
(b) is an accessory to the infringing practice.
(2) The enforcer may accept an undertaking from the respondent to do one or more of the following—
(a) in the case of a respondent within subsection (1)(a), not to continue or repeat the infringing practice (where it is alleged that the respondent has engaged or is engaging in that practice);
(b) in the case of a respondent within subsection (1)(b), not to consent to or connive in the infringing practice;
(c) in either case, not to engage in the infringing practice in the course of the respondent’s business or another business;
(d) in either case, not to consent to or connive in the carrying out of the infringing practice by a body corporate with which the respondent has a special relationship (see section 220).
(3) See also section 164 about the inclusion of enhanced consumer measures in an undertaking under this section.
(4) Where the enforcer accepts an undertaking under subsection (2) the enforcer may publish the undertaking or accept a further undertaking from the respondent to do so.
(5) Publication under subsection (4)—
(a) must be made in such form and manner, and to such an extent, as the enforcer considers appropriate for the purpose of eliminating any continuing effects of the infringing practice;
(b) is not an enhanced consumer measure for the purposes of this Chapter.
(6) Where an enforcer has accepted from the respondent an undertaking under this section—
(a) the enforcer may accept from the respondent any such variation of the undertaking that the enforcer considers appropriate for meeting the purposes for which the undertaking was given;
(b) the enforcer may release the respondent from the undertaking (whether on its own initiative or at the respondent’s request) if the enforcer considers that the undertaking is no longer necessary to meet those purposes.
(7) Each enforcer must keep a record of—
(a) undertakings it has accepted under this section, and
(b) reviews it has carried out into the effectiveness of such undertakings.
(8) In determining for the purposes of subsection (1) whether an enforcer could make an application under section 153, section 169 is to be ignored.
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