Digital Markets, Competition and Consumers Act 2024
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Change 1
165 Undertakings under section 163: procedural requirements
(1) This section applies where an enforcer proposes to— (a) accept a material variation of an undertaking under section 163, or (b) release the respondent from any such undertaking, and the proposed variation or release has not been requested by the respondent. (2) Before taking the proposed action mentioned in subsection (1) the enforcer must— (a) give notice to the respondent under subsection (3), and (b) consider any representations made in accordance with the notice. (3) A notice under this subsection must state— (a) the fact that the enforcer is proposing to act as mentioned in subsection (1), (b) the reasons for doing so, and (c) the means by which, and the time by which, representations may be made in relation to the proposed action. (4) If after considering any representations made in accordance with a notice under subsection (3) an enforcer decides to take an action mentioned in subsection (1), the enforcer must give notice to the respondent of that decision. (5) The reference in subsection (1)(a) to a material variation is a reference to any variation that the enforcer considers to be material in any respect.
165 Undertakings under section 163: procedural requirements
(1) This section applies where an enforcer proposes to— (a) accept a material variation of an undertaking under section 163, or (b) release the respondent from any such undertaking, and the proposed variation or release has not been requested by the respondent. (2) Before taking the proposed action mentioned in subsection (1) the enforcer must— (a) give notice to the respondent under subsection (3), and (b) consider any representations made in accordance with the notice. (3) A notice under this subsection must state— (a) the fact that the enforcer is proposing to act as mentioned in subsection (1), (b) the reasons for doing so, and (c) the means by which, and the time by which, representations may be made in relation to the proposed action. (4) If after considering any representations made in accordance with a notice under subsection (3) an enforcer decides to take an action mentioned in subsection (1), the enforcer must give notice to the respondent of that decision. (5) The reference in subsection (1)(a) to a material variation is a reference to any variation that the enforcer considers to be material in any respect.
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