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Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Version date: 24 May 2024 - onwards
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167. Rights to enforce undertakings and orders under this Part

(1) This section applies to

(a)any enforcement undertaking or enforcement order.

(b) any undertaking accepted, or order made, under section 161C.

(2) Any person to whom such an undertaking or order relates shall have a duty to comply with it.

(3) The duty shall be owed to any person who may be affected by a contravention of the undertaking or (as the case may be) order.

(4) Any breach of the duty which causes such a person to sustain loss or damage shall be actionable by him.

(5) In any proceedings brought under subsection (4) against a person to whom an undertaking or order to which this section applies relates it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid contravening the undertaking or (as the case may be)order.

(6) Compliance with an undertaking or order to which this section applies shall also be enforceable by civil proceedings brought by the CMA for an injunction or for interdict or for any other appropri

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