Section 36Commitments

(1) The CMA may accept an appropriate commitment from an undertaking subject to a conduct investigation as to its behaviour in respect of a conduct requirement to which the investigation relates.

(2) A commitment is appropriate where the CMA considers that compliance with the commitment by the undertaking would mean that it would not be necessary to carry out a conduct investigation so far as relating to the behaviour to which the commitment relates.

(3) Following the acceptance of a commitment by the CMA as to the behaviour of an undertaking—

• (a)
  the undertaking that gave the commitment must comply with it at all times when it is in force, and
• (b)
  so far as relating to the behaviour, the CMA may not give a notice to the undertaking under section 30 (notice of findings).

(4) The acceptance of a commitment does not prevent—

• (a)
  a conduct investigation from continuing so far as it relates to other behaviour in relation to the same or a different conduct requirement, or
• (b)
  the CMA beginning a new conduct investigation in relation to the behaviour to which the commitment relates where—

  • (i)
    it has reasonable grounds to believe that there has been a material change of circumstances since the commitment was accepted,
  • (ii)
    it has reasonable grounds to suspect that the undertaking has not complied with one or more of the terms of the commitment, or
  • (iii)
    it has reasonable grounds to suspect that information which led it to accept the commitment was incomplete, false or misleading in a material particular.

(5) A commitment under this section comes into force when a notice of its acceptance is published by the CMA.

(6) A commitment under this section ceases to have effect—

• (a)
  subject to provision made in reliance on section 17 (existing obligations)—

  • (i)
    in accordance with any terms of the commitment about when it is to cease to have effect, or
  • (ii)
    when the conduct requirement to which the commitment relates ceases to have effect, or
• (b)
  when the undertaking is released from the requirement to comply with the commitment.

(7) The CMA may by notice accept a variation to a commitment from time to time provided the commitment as varied would still be appropriate.

(8) The CMA may release an undertaking from the requirement to comply with a commitment where it considers that it would be appropriate to do so.

(9) The fact that a commitment ceases to have effect does not affect the exercise of any functions in relation to a breach or possible breach of that commitment.

(10) Schedule 1 makes provision about—

• (a)
  accepting, or accepting a variation of, a commitment, and
• (b)
  releasing an undertaking from the requirement to comply with a commitment,

for the purposes of this Chapter and Chapter 4 (pro-competition orders).