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Version date: 24 May 2024 - onwards
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188 Provisional breach of undertakings enforcement notice

(1) This section applies where -

(a) the CMA has accepted an undertaking from a person ("the respondent") under section 185, and

(b) the CMA has reasonable grounds to believe that the respondent has failed to comply with one or more of the terms of the undertaking.

(2) The CMA may give to the respondent a notice under this section (a "provisional breach of undertakings enforcement notice").

(3) A provisional breach of undertakings enforcement notice must -

(a) set out the grounds on which it is given, including the respondent's alleged acts or omissions giving rise to the belief mentioned in subsection (1)(b);

(b) set out proposed directions for the purpose of securing that the respondent complies with subsection (5);

(c) invite the respondent to make representations to the CMA about the giving of the notice;

(d) specify the means by which, and the time by which, such representations must be made.

(4) The means specified under subsection (3)(d) for making representations must include a

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