Section 212(2)

Guidance under subsection (1) must provide information about the factors that the CMA will take into account in determining— whether it will exercise a power under Chapter 4 to accept, vary or release an undertaking; in cases where the exercise of any such power is exercisable only if the CMA considers a person has acted (or failed to act) without a reasonable excuse, whether a reasonable excuse exists; in a case where a monetary penalty has not been paid (or paid in full), whether to start proceedings for recovery of the penalty.

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Source: legislation.gov.uk · retrieved 2026-07-30