The Enterprise Act 2002 (Enforcement Undertakings and Orders) Order 2004
This Order provides for the transfer of enforcement rights by civil proceedings of certain undertakings given to a Minister of the Crown in relation to merger and monopoly situations under section 88 of the Fair Trading Act 1973 (c. 41) (“the 1973 Act”) and of certain orders in relation to monopoly situations made by a Minister of the Crown under section 56 of the 1973 Act from any person (which would include the Secretary of State) to the Office of Fair Trading (“OFT”) and the Competition Commission (“the Commission”*). It also provides for the rights of third parties who have suffered loss or damage caused by contravention of any such undertaking or order. It further provides for the transfer of the power to supersede, vary or release any such undertaking from the Minister concerned to the Commission; and for the transfer of the power to vary or revoke any such order from the Minister concerned to the Commission.