Part 3: Enforcement of consumer protection law Undertakings Section 188: Provisional breach of undertakings enforcement notice
This section, in conjunction with section 189, sets out the CMA’s powers to enforce compliance with undertakings accepted under section 185.
	The CMA may give a provisional breach of undertakings enforcement notice to a person, if it has reasonable grounds to believe that they have failed to comply with one or more of the terms of the undertaking (subsections (1) and (2)).
	The provisional breach of undertakings enforcement notice does not constitute a finding that a person has failed to comply with the terms of the undertaking and, where the notice provides that the CMA is considering imposing a monetary penalty, does not constitute a finding by the CMA that there is no reasonable excuse for the alleged breach.
	The provisional breach of undertakings enforcement notice represents the CMA’s provisional view and proposed next steps. It allows the enforcement subject to know the case against them and, if they choose to do so, to respond in writing and orally.
	The provisional breach of undertakings enforcement notice must specify certain details (subsection (3)), including:
the terms of the undertaking which are alleged to be breached and the acts or omissions which constitute the breach,
proposed directions to achieve compliance as defined in subsection (5):
for the infringer, not to continue or repeat the infringing practice,
for the accessory, not to consent or connive in the infringing practice.
for the enforcement subject(s) (infringer and accessory), not to engage in the infringing practice in the course of their business or another business, and not to consent or connive in the carrying out of the infringing practice by a body corporate with which they have a special relationship.
the representation process that applies. If the enforcement subject wishes to make oral representations, the CMA must arrange for an oral hearing and this opportunity must be specified in the provisional breach of undertakings enforcement notice (subsection (4)).
	Further information must be included in the provisional breach of undertakings enforcement notice if the CMA is considering imposing a monetary penalty on the enforcement subject, including factors which justify the imposition of a penalty and its proposed amount (subsection (6)).