§ Mr. Andrew Bowdenasked the Secretary of State for Trade and Industry (1) how many complaints have been received by his Department about alleged breaches of undertakings given to the Monopolies and Mergers Commission in respect of takeovers and purchases in each of the years 1970 to 1986;
(2) what remedies exist when undertakings given to the Monopolies and Mergers Commission in relation to takeovers and purchases are not kept.
§ Mr. HowardAny assurances which may be given to the Monopolies and Mergers Commission have no statutory underpinning. Under section 88(1) of the Fair Trading Act 1973, my right hon. Friend has powers, in the event of an adverse public interest finding on a non-newspaper merger reference, to ask the Director General of Fair Trading to seek undertakings from the parties to remedy the adverse effects identified. Such undertakings are given to Ministers.
The operation of undertakings given under the Fair Trading Act is kept under review by the Director General of Fair Trading, who has a duty, if it appears to him that an undertaking has not been or is not being fulfilled, to advise Ministers. Any complaints about breaches of undertakings would normally be drawn to the attention of the Director General of Fair 'Trading. The Department does not keep records on this basis. The Fair Trading Act also provides for the exercise of the order-making powers under certain circumstances to remedy adverse effects on the public interest identified by the MMC.