(1) It is the duty of an enforcement authority to consider any complaint made to it about a contravention of regulation 4 or 6A, unless -

(a) the complaint appears to the authority to be frivolous or vexatious; or

(b) another enforcement authority has notified the CMA that it agrees to consider the complaint.

(2) If an enforcement authority has notified the CMA as mentioned in paragraph (1)(b), that authority is under a duty to consider the complaint.

(3) An enforcement authority which is under a duty to consider a complaint must -

(a) decide whether or not to make an application under regulation 8, and

(b) give reasons for its decision.

(4) In deciding whether or not to make an application, an enforcement authority may, if it considers it appropriate to do so, have regard to any undertaking given to it or another enforcement authority by or on behalf of any person as to compliance with regulation 4 or 6A and to any enforcement action taken under Part 8 of the Enterprise Act 2002 [A number of amendments were made to Part 8 of the Act by the Enterprise Act 2002 (Amendment) Regulations 2006 (SI 2006/3363).].