73 Undertakings in lieu of references under section [22, 33 [section 22(1), 33(1)], 68B or 68C]

73  Undertakings in lieu of references under section [22, 33 [section 22(1), 33(1)], 68B or 68C]

(1)     Subsection (2) applies if the [CMA] considers that it is under a duty to make a reference under section 22 or 33 [section 22(1) or 33(1)] (disregarding the operation of section 22(3)(b) or (as the case may be) 33(3)(b) but taking account of the power of the [CMA] under section 22(2) or (as the case may be) 33(2) to decide not to make such a reference).

(2)     The [CMA] may, instead of making such a reference and for the purpose of remedying, mitigating or preventing the substantial lessening of competition concerned or any adverse effect which has or may have resulted from it or may be expected to result

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