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Digital Markets, Competition and Consumers Act 2024
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Prospective
121Duty to preserve documents relevant to investigationsU.K.
This section has no associated Explanatory Notes
(1)Chapter 3 of Part 1 of CA 1998 (competition: investigation and enforcement) is amended as follows.
(2)After section 25A insert—
“25BDuty to preserve documents relevant to investigations
(1)Subsection (2) applies where a person knows or suspects that an investigation by the CMA under section 25 is being or is likely to be carried out.
(2)The person must not—
(a)falsify, conceal, destroy or otherwise dispose of, or
(b)cause or permit the falsification, concealment, destruction or disposal of,
a document which the person knows or suspects is or would be relevant to the investigation.
(3)In this section, the reference to concealing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.”
(3)In section 40ZE (enforcement of requirements: imposition of penalties) (inserted by paragraph 8 of Schedule 10), in subsection (1), in paragraph (a), after “imposed on the person” insert “by section 25B or”.
Commencement Information
I1S. 121 not in force at Royal Assent, see s. 339(1)
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