Section 75

Subsection (2) applies where the CMA considers that— an undertaking accepted by it under section 73(2) or (3B) has not been, is not being or will not be fulfilled; or in relation to an undertaking accepted by it under that section, information which was false or misleading in a material respect was given to the CMA by the person giving the undertaking before the CMA decided to accept the undertaking. The CMA may, for any of the purposes mentioned in section 73(2) or (3B) (as the case may be), make an order under this section. In proceeding under subsection (2) for the purposes mentioned in section 73(2) or (3B), the CMA must, in particular, have regard to the need to achieve as comprehensive a solution as is reasonable and practicable to— in relation to the purpose mentioned in section 73(2), the substantial lessening of competition mentioned in that subsection and any adverse effects resulting from it;. in relation to the purpose mentioned in section 73(3B), the prejudice mentioned in that subsection and any adverse effects resulting from it. In proceeding under subsection (2) for the purposes mentioned in section 73(2) or (3B), the CMA may, in particular, have regard to the effect of any action on any relevant customer benefits in relation to the creation of the relevant merger situation concerned. An order under this section may contain— anything permitted by Schedule 8; and such supplementary, consequential or incidental provision as the CMA considers appropriate. An order under this section— shall come into force at such time as is determined by or under the order; may contain provision which is different from the provision contained in the undertaking concerned; and may be varied or revoked by another order. The CMA shall, as soon as reasonably practicable, consider any representations received by it in relation to varying or revoking an order under this section.

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