The following Dispute Resolution Q&A produced in partnership with James Tunley of Lamb Chambers provides comprehensive and up to date legal information covering:
As part of the Enterprise Act 2002 (EnA 2002), the Competition and Markets Authority may accept enforcement undertakings, or if such undertakings are not being fulfilled, it may make an enforcement order.
Where a person or company is the subject of an enforcement undertaking or enforcement order, they have a duty to comply with it (EnA 2002, s 94(2)). That duty is ‘owed to any person who may be affected by a contravention of the undertaking or (as the case may be) order’ (EnA 2002, s 94(3)).
If the duty is breached and causes loss or damage to another person, there is the right under EnA 2002, s 94(4) to bring a civil claim. The wording of EnA 2002, s
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