Section 163

Subsections (2) and (3) apply where ... the Secretary of State ... is considering whether to accept undertakings under section 157 or 159. The Secretary of State may require the CMA to consult with such persons as the Secretary of State considers appropriate with a view to discovering whether they will offer undertakings which the Secretary of State would be prepared to accept under section 157 or (as the case may be) 159. The Secretary of State may require the CMA to report to the Secretary of State on the outcome of the CMA's consultations within such period as the Secretary of State may require. A report under subsection (3) shall, in particular, contain advice from the CMA as to whether any undertakings offered should be accepted by the Secretary of State under section 157 or (as the case may be) 159. The powers conferred on the Secretary of State by subsections (1) to (4) are without prejudice to the power of the Secretary of State to consult the persons concerned .... If asked by the Secretary of State for advice in relation to the taking of enforcement action (whether or not by way of undertakings) in a particular case, the CMA shall give such advice as it considers appropriate.

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Source: legislation.gov.uk · retrieved 2026-09-04