Competition Act · s 46

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

46.
Enforcement of direction, undertaking and commitment in High Court
(1) Where the Commission determines that an undertaking has failed, without reasonable excuse, to comply with a direction made, or an undertaking or commitment accepted by the Commission under this Part, the
Commission may, subject to subsection (2), apply to the High Court for an order requiring the undertaking to make good the default within a time specified in the order.
(2) The Commission shall consider any representations the undertaking wishes to make before making an application under subsection (1).
(3) The High Court may provide in the order that all the costs of, or incidental to, the application shall be borne by the undertaking in default.
(4) Any undertaking accepted by the Commission under this section shall be a document available for inspection by the public in a manner determined by the Commission.
(5) The provisions of any undertaking accepted by the Commission under this section shall be enforceable by the Commission as though those

Competition 56
provisions had been set out in a decision given to the undertaking providing that undertaking pursuant to section 42.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 46Enforcement of direction, undertaking and commitment in High Court

(1)

Where the Commission determines that an undertaking has failed, without reasonable excuse, to comply with a direction made, or an undertaking or commitment accepted by the Commission under this Part, the

Commission may, subject to subsection (2), apply to the High Court for an order requiring the undertaking to make good the default within a time specified in the order.

(2)

The Commission shall consider any representations the undertaking wishes to make before making an application under subsection (1).

(3)

The High Court may provide in the order that all the costs of, or incidental to, the application shall be borne by the undertaking in default.

(4)

Any undertaking accepted by the Commission under this section shall be a document available for inspection by the public in a manner determined by the Commission.

(5)

The provisions of any undertaking accepted by the Commission under this section shall be enforceable by the Commission as though those

Competition 56

provisions had been set out in a decision given to the undertaking providing that undertaking pursuant to section 42.