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.