(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.