Explanatory Notes

Commentary on Sections

Part 3: Mergers

Summary and Background

Chapter 4: Enforcement

Powers exercisable before references under section 22 or 33

Section 75: Order-making power where undertakings under section 73 not fulfilled etc.

228.This section allows the OFT to make an order when an undertaking-in-lieu is not being complied with. In such circumstances, the OFT could seek to enforce the original undertaking in the courts or decide to replace it with an order. The content of such an order is limited to the matters set out in Schedule 8 (see below). This provision transfers the Secretary of State’s existing powers in section 75K FTA 1973 to the OFT.