Part 1Digital Markets
Chapter 6Investigatory powers etc and compliance reports
Investigatory powers etc
69Power to require information
1
For the purpose of exercising, or deciding whether to exercise, any of its digital markets functions, the CMA may require a person (“P”) to give specified information to it where it considers that the information is relevant to a digital markets function.
2
The power conferred by subsection (1) is to be exercised by giving P a notice (an “information notice”).
3
The CMA must include in an information notice—
a
the time and place at which the specified information must be given to the CMA;
b
the manner and form in which the information must be given to the CMA;
c
information about the possible consequences of not complying with the notice.
4
The power under this section to require P to give information to the CMA includes the power to—
a
take copies of or extracts from information;
b
require P to obtain or generate information;
c
require P to collect or retain information that they would not otherwise collect or retain;
d
if any specified information is not given to the CMA, require P to state, to the best of their knowledge and belief, both where that information is and why it has not been given to the CMA.
5
For the purposes of subsection (4)(b), the CMA may include in an information notice—
a
a requirement for P to vary their usual conduct (whether in relation to some or all users or potential users of any service or digital content that P provides);
b
a requirement for P to perform a specified demonstration or test.
6
In this section, “specified” means—
a
specified, or described, in the information notice, or
b
falling within a category which is specified, or described, in the information notice.
7
The powers conferred by this section are exercisable in relation to information whether it is stored within or outside the United Kingdom.