(1) This section applies where -
(a) the CMA has given to the respondent a provisional breach of undertakings enforcement notice under section 188,
(b) the time for the respondent to make representations to the CMA in accordance with that notice has expired, and
(c) after considering such representations (if any), the CMA is satisfied 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 "final breach of undertakings enforcement notice").
(3) A final breach of undertakings enforcement notice may, subject to subsection (4), impose on the respondent a requirement to do either or both of the following -
(a) to comply with such directions as the CMA considers appropriate for the purpose of securing that the respondent complies with section 188(5);
(b) to pay a monetary penalty in respect of the failure mentioned in subsection (1)(c).
(4) A requirement under subsection (3)(b) to pay a
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