Section 93

Subsections (2) and (3) apply where— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Secretary of State is considering whether to accept undertakings under paragraph ...3 or 9 of Schedule 7. 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 ... paragraph ... 3 or 9 of Schedule 7. The Secretary of State may require the CMA to report to the relevant authority on the outcome of the CMA's consultations within such period as the relevant authority 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 ... paragraph ... 3 or 9 of Schedule 7. The powers conferred on the relevant authority by subsections (1) to (4) are without prejudice to the power of the relevant authority to consult the persons concerned itself. If asked by the Secretary of State for advice in relation to the taking of enforcement action (whether or not by way of undertaking) 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