Digital Markets, Competition and Consumers Act 2024

26 Power to begin a conduct investigation

(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.