(1) Where the CMA considers that the following three conditions are met in relation to a transaction between a designated undertaking and a third party, the CMA may -

(a) require the undertaking, and

(b) invite the third party,

to submit to the CMA terms as to payment ("final offer payment terms") which the undertaking or, as the case may be, the third party regards as fair and reasonable for the transaction.

(2) The first condition is that the transaction is a transaction in which the designated undertaking would -

(a) provide goods or services to the third party, or

(b) acquire goods or services from, or use goods or services of, the third party.