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Digital Markets, Competition and Consumers Act 2024

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26Power to begin a conduct investigation
This section has no associated Explanatory Notes

(1)The CMA may begin an investigation (a “conduct investigation”) where it has reasonable grounds to suspect that an undertaking has breached a conduct requirement.

(2)A conduct investigation is an investigation into—

(a)whether a breach has occurred, and

(b)if it has, what action, if any, the CMA should take in relation to the breach.

(3)When the CMA begins a conduct investigation it must give a notice (a “conduct investigation notice”) to the undertaking which it suspects has breached a conduct requirement.

(4)The conduct investigation notice must—

(a)state the conduct requirement which the CMA suspects has been breached;

(b)describe the conduct which the CMA suspects constituted the breach;

(c)state the period within which the undertaking may make representations in relation to the conduct investigation (see subsection (5));

(d)state the period by the end of which the CMA must give a notice to the undertaking setting out its findings as a result of the conduct investigation (see section 30(2));

(e)state the circumstances in which that period may be extended (see section 104);

(f)state the effect of the following provisions—

(i)section 28 (closing a conduct investigation without making a finding);

(ii)section 30 (notice of findings);

(iii)section 36 (commitments).

(5)The period mentioned in subsection (4)(c) is such period as the CMA may determine.

(6)As soon as reasonably practicable after giving a conduct investigation notice, the CMA must publish the conduct investigation notice.

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