Part X Rules and Guidance

Chapter III Competition Scrutiny

161 Power of F1OFT to request information.

1

For the purpose of investigating any matter with a view to its consideration under section 160, the F1OFT may exercise the powers conferred on F2it by this section.

2

The F1OFT may by notice in writing require any person to produce to F2it or to a person appointed by F2it for the purpose, at a time and place specified in the notice, any document which—

a

is specified or described in the notice; and

b

is a document in that person’s custody or under his control.

3

The F1OFT may by notice in writing—

a

require any person carrying on any business to provide F2it with such information as may be specified or described in the notice; and

b

specify the time within which, and the manner and form in which, any such information is to be provided.

4

A requirement may be imposed under subsection (2) or (3)(a) only in respect of documents or information which relate to any matter relevant to the investigation.

5

If a person (“the defaulter”) refuses, or otherwise fails, to comply with a notice under this section, the F1OFT may certify that fact in writing to the court and the court may enquire into the case.

6

If, after hearing any witness who may be produced against or on behalf of the defaulter and any statement which may be offered in defence, the court is satisfied that the defaulter did not have a reasonable excuse for refusing or otherwise failing to comply with the notice, the court may deal with the defaulter as if he were in contempt.

7

“Court” means—

a

the High Court; or

b

in relation to Scotland, the Court of Session.