SCHEDULE 7 Enforcement Regime for Public Interest and Special Public Interest Cases

SCHEDULE 7 Enforcement Regime for Public Interest and Special Public Interest Cases

Section 85

Pre-emptive undertakings and orders

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(1)     Sub-paragraph (2) applies where an intervention notice or special intervention notice is in force.

(2)     The Secretary of State or the [CMA] may by order, for the purpose of preventing pre-emptive action—

(a)     prohibit or restrict the doing of things which the Secretary of State or (as the case may be) the [CMA] considers would constitute pre-emptive action;

(b)     impose on any person concerned obligations as to the carrying on of any activities or the safeguarding of any assets;

(c)     provide for the carrying on of any activities or the safeguarding of any assets either by the appointment of a person to conduct or supervise the conduct of any activities (on such terms and with such powers as may be specified or described in the order) or in any other manner;

(d)     do anything which may be done by virtue of paragraph 19 of Schedule 8.

[(2A)     Sub-paragraph (2B) applies where—

(a)     an intervention notice or special intervention notice is in force, and

(b)     the Secretary of State or the CMA has reasonable grounds for suspecting

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