Part 1Digital Markets

Chapter 6Investigatory powers etc and compliance reports

Investigatory powers etc

I171Power of access

1

The CMA may exercise the powers in this section where it considers that a designated undertaking or an undertaking that is the subject of a breach investigation—

a

has not complied with the requirements of an information notice (see section 69), or

b

has not complied with the duty to assist a skilled person with the preparation of a report (see section 79(12)).

2

The CMA may access business premises, equipment, services, information or individuals in order to—

a

supervise the obtaining, generation, collection or retention of information by the undertaking,

b

observe the undertaking’s conduct in relation to users, or

c

observe a demonstration or test performed by the undertaking,

for the purpose of securing compliance with requirements imposed on the undertaking under section 69 or section 79(12).

3

Where the CMA requires access under subsection (2), it must give the undertaking a notice specifying—

a

the access that it requires,

b

a date by which the access must be provided, and

c

the manner in which the access must be provided (which may be remote).

4

The undertaking must give the CMA the access specified in the notice under subsection (3).

5

The powers conferred by this section are not exercisable in relation to premises, equipment or individuals outside the United Kingdom.

6

But the powers conferred by this section are exercisable in relation to information and services whether stored or provided within or outside the United Kingdom.

7

In this Chapter, “business premises” means premises (or any part of premises) not used as a dwelling.