Competition Act · 2022 Revised Edition · Chapter 6
46. Enforcement of direction, undertaking and commitment in High Court
Official textFrom Attorney General's Chambers, unchanged
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.
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.
The Commission shall consider any representations the undertaking wishes to make before making an application under subsection (1).
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.
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
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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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Competition Appeal Tribunal
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