Enterprise Act 2002

220 Further proceedingsU.K.

(1)This section applies if the court—

(a)makes an enforcement order under section 217,

(b)makes an interim enforcement order under section 218, F1...

(c)accepts an undertaking under either of those sectionsF2... [F3, or]

[F4(d)makes an online interface order under section 218ZB or an interim online interface order under section 218ZC.]

[F5(1A)This section does not apply in the case of a failure to comply with an order or undertaking which consists only of a failure to provide information or documents required by the order or undertaking as described in section 217(10D).]

(2)[F6Any [F7Schedule 13 enforcer]] has the same right to apply to the court in respect of a failure to comply with [F8an order (apart from an online interface order or an interim online interface order)] or undertaking as the enforcer who made the application for the order.

(3)An application to the court in respect of a failure to comply with an undertaking may include an application for [F9an enforcement order, an interim enforcement order, an online interface order or an interim online interface order].

(4)If the court finds that an undertaking is not being complied with it may make [F10an enforcement order, an interim enforcement order, an online interface order or an interim online interface order] (instead of making any other order it has power to make).

(5)In the case of an application for an enforcement order or for an interim enforcement order as mentioned in subsection (3) sections 214 and 216 must be ignored and [F11sections 215, 217 or 218 (as the case may be) and 219A, 219B and 219C] apply subject to the following modifications—

(a)section 215(1)(b) must be ignored;

(b)section 215(5) must be ignored and the application must be made to the court which accepted the undertaking;

[F12(c)section 217(9), (10), (10B) and (11) must be ignored, and section 217(10C) and (10D) must be ignored to the extent that they relate to an undertaking under section 217(9);]

(d)section 218(10) must be ignored.

[F13(e)sections 219A, 219B and 219C must be ignored to the extent that they relate to an undertaking under section 217(9) or 219.]

[F14(5A)In the case of an application for an online interface order or an interim online interface order as mentioned in subsection (3), section 218ZA applies subject to the following modifications—

(a)in section 218ZA(1), the words “or is likely to be” must be ignored;

(b)in section 218ZA(2), the reference to the person the CMA thinks has engaged, is engaging or is likely to engage in conduct which constitutes the [F15Schedule 13 infringement] is to be read as a reference to the person the CMA thinks has engaged or is engaging in such conduct;

(c)section 218ZA(3) must be ignored and the application must be made to the court which accepted the undertaking.]

(6)If an enforcer which is not the [F16CMA] makes an application in respect of the failure of a person to comply with an enforcement order, an interim enforcement order or an undertaking given under section 217 or 218 the enforcer must notify the [F16CMA]—

(a)of the application;

(b)of any order made by the court on the application.