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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 3 July 2012 - onwards
Version 2 of 2

5. Applications to High Court for orders in relation to certain agreements.

The Principal Act is amended by the insertion of the following section:

"14B.

(1) This section applies to an agreement entered into by the competent authority with an undertaking-

(a) following an investigation referred to in paragraph (b) of subsection (1) of section 30, and

(b) that requires the undertaking to do or refrain from doing such things as are specified in the agreement in consideration of the competent authority agreeing not to bring proceedings under section 14A (inserted by section 4 of the Competition (Amendment) Act 2012) in relation to any matter to which that investigation related or any findings resulting from that investigation.

(2) The High Court may, upon the application of the competent authority, make an order in the terms of an agreement to which this section applies if it is satisfied that-

(a) the undertaking that is a party to that agreement consents to the making of the order,

(b) that undertaking obtained legal advice before so consenting,

(c) the agreement is clear and unambiguous and capable of being complied with,

(d) that undertaking is aware that failure to comply with any order so made would constitute contempt of court, and

(e) the competent authority has complied with subsection (3).