Section 52 — Replacement of pro-competition orders

(1) The CMA may, by making a further pro-competition order, replace a pro-competition order where it considers that it is appropriate to do so, having regard in particular to—

(a) the effectiveness of the pro-competition order, or of particular provisions in the pro-competition order, in remedying, mitigating or preventing the adverse effect on competition and, where applicable, any detrimental effect on UK users or UK customers identified in the PCI investigation, and

(b) any change of circumstances since the pro-competition order was made.

(2) The CMA may, in particular, replace a pro-competition order so as to—

(a) replace requirements imposed by virtue of that order on a trial basis, or

(b) impose requirements on an undertaking that are similar to or informed by one or more requirements previously imposed on that undertaking, or on a different undertaking, by virtue of another pro-competition order on a trial basis.

(3) In this Chapter—

(a) references to making a replacement order are to revoking a pro-competition order (see section 53) made following a PCI investigation and making a new pro-competition order in reliance on the findings of that PCI investigation, and

(b) references to a “replacement order” are to a pro-competition order made in reliance on subsection (1).