Competition Act · 2022 Revised Edition · Chapter 6
45. Power to accept undertaking
Official textFrom Attorney General's Chambers, unchanged
The Commission may, subject to the conditions that the
Commission may impose, accept from an undertaking any undertaking to do or refrain from doing anything as the Commission considers appropriate.
undertaking
“undertaking” means any person, being an individual, a body corporate, an unincorporated body of persons or any other entity, capable of carrying on commercial or economic activities relating to goods or services.
If the Commission accepts an undertaking under subsection (1), the Commission shall, in relation to an infringement, close the investigation without making any finding of infringement and shall not impose a penalty on the undertaking.
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.
document
“document” has the same meaning as in section 2 of the Evidence Act and includes information recorded in any form;
The provisions of any undertaking accepted by the Commission under this section shall be enforceable by the Commission as though those provisions had been set out in a decision given to the undertaking providing that undertaking pursuant to section 42.
Terms defined in s 2
document
Defined · s 2“document” has the same meaning as in section 2 of the Evidence Act and includes information recorded in any form;
undertaking
Defined · s 2“undertaking” means any person, being an individual, a body corporate, an unincorporated body of persons or any other entity, capable of carrying on commercial or economic activities relating to goods or services.
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Offences
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Competition Appeal Tribunal
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