Clause 79 - Order-making power where final undertakings nor fulfilled
Enterprise Bill
11:15 am

Mr Douglas Alexander (Minister of State (E-Commerce and Competitiveness), Department of Trade and Industry; Paisley South, Labour)

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

Mr Nigel Beard (Bexleyheath and Crayford, Labour)

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

Mr Douglas Alexander (Minister of State (E-Commerce and Competitiveness), Department of Trade and Industry; Paisley South, Labour)

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.