Clause 79 - Order-making power where final undertakings nor fulfilled

Enterprise Bill – in a Public Bill Committee am 11:15 am ar 1 Mai 2002.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Douglas Alexander Douglas Alexander Minister of State (e-Commerce & Competitiveness) 11:15, 1 Mai 2002

I beg to move amendment No. 187, in page 58, line 7, after "Commission" insert "or the OFT".

Photo of Mr Nigel Beard Mr Nigel Beard Llafur, Bexleyheath and Crayford

With this it will be convenient to take Government amendments Nos. 189, 190 and 194.

Photo of Douglas Alexander Douglas Alexander Minister of State (e-Commerce & Competitiveness)

These amendments seek to clarify that where the OFT is given misleading information in negotiations about undertakings, that can be grounds for replacing undertakings with an order. An undertaking may be replaced with an order if it emerges that a party gave misleading information to the Competition Commission or the Secretary of State prior to agreeing that undertaking. Given that the OFT will also be involved in the negotiation of final undertakings and undertakings in lieu, it could be that a party receives the misleading information. We must make the changes to clarify that, where the OFT receives misleading information, that too is valid grounds for replacing an undertaking with an order. I ask the Committee to support the amendments.

Amendment agreed to.

Clause 79, as amended, ordered to stand part of the Bill.