Part 3: Enforcement of consumer protection law Undertakings Section 189: Final breach of undertakings enforcement notice
This section allows the CMA to issue a final breach of undertakings enforcement notice where it is satisfied that the enforcement subject has failed to comply with one or more terms of the undertaking. The CMA may issue a final breach of undertakings enforcement notice following the issue of a provisional breach of undertakings enforcement notice under section 188, the expiry of the deadline to make representations to the CMA and after considering any representations received (subsections (1) and (2)).
	The notice may specify directions to achieve compliance (see explanatory note for subsection (5) of section 188), a monetary penalty or both (subsection (3)). The CMA may give directions without imposing a penalty and vice versa.
	A monetary penalty can only be imposed if the CMA is satisfied that there is no reasonable excuse for the breach of the undertakings (subsection (4)). This means, for example, an enforcement subject may be able to avoid a requirement to pay a monetary penalty if they can provide evidence of an externally verifiable and unforeseen factor(s) outside of their control, which resulted in the breach of the term or terms of the undertaking.
	The final breach of undertakings enforcement notice must specify certain details (subsection (5)), including:
the acts or omissions which constitute the breach,
further factors, which justify the giving of the notice,
if directions are imposed, specify any action to be taken (or stopped) to ensure the infringing practice ceases, will not be repeated or to prevent it from arising (as applicable),
if a penalty is imposed, the penalty notice information specified in section 203,
the applicable rights and procedures to appeal the notice.
	The CMA has discretion to publish a final breach of undertakings enforcement notice, as the CMA considers appropriate (subsection (6)).