Part 3: Enforcement of consumer protection law Undertakings Section 185: Undertakings
This section applies where the CMA has started an investigation under section 180 which has not yet resulted in the CMA giving a final infringement notice under section 182 or an online interface notice under section 184, in relation to the matter under investigation.
	In that case, the CMA may accept an undertaking from a person who it believes has engaged in, is engaging in or is likely to engage in an infringing practice or is an accessory to such a practice (subsections (1) and (2)). The CMA may decide that such an undertaking will avoid the need for it to give a final infringement notice as the acceptance of an undertaking can lead to faster resolution of consumer protection concerns and shorten the enforcement process. This is underlined by the fact that when giving an undertaking to the CMA, the enforcement subject does not need to admit that it has engaged in the alleged infringing practice and the CMA, upon accepting the undertaking, will make no finding to that effect.
	The undertaking must include provisions which effectively stop the alleged infringing practice and hence ensure compliance with consumer protection law (subsection (4)). It may also include such enhanced consumer measures as the CMA considers just, reasonable and proportionate (subsection (3)). The CMA cannot impose any monetary penalties in an undertaking (though it may subsequently impose monetary penalties for any breaches without reasonable excuse of the terms of the undertaking - see section 189).
	Under section 182, if an enforcement subject gives an undertaking to it pursuant to this section, the CMA must take this, as well as failure to comply with it, into account in considering whether to give a final infringement notice.
	Subsection (5) makes provision, in certain circumstances, for the CMA to vary the terms of the undertaking at the enforcement subject’s initiative. It is also open to the CMA to release them from the undertaking, whether on its own initiative (subject to the procedural requirements set out in section 187) or at the enforcement subject’s request. This may be appropriate, for example, if the original compliance concerns no longer apply.
	The CMA’s power to accept an undertaking under this section does not limit, or take away from, the CMA’s enforcement powers (as a public designated enforcer) under Chapter 3 of this Part (subsection (6)). Such Chapter 3 powers include the acceptance of an undertaking during an investigation under the court-based enforcement regime (see section 163).