Part 1Digital Markets

Chapter 6Investigatory powers etc and compliance reports

Investigatory powers etc

I175Power to enter premises under a warrant

1

On an application made to it by the CMA for the purposes of a breach investigation, the court or the Tribunal may issue a warrant if it is satisfied that—

a

there are reasonable grounds for suspecting that there is information on or accessible from any premises which is relevant to the breach investigation (“information of the relevant kind”), and

b

one or both of the following applies—

i

the exercise by the CMA of another digital markets investigation power has not resulted in the CMA being given the information of the relevant kind;

ii

there are reasonable grounds for suspecting that there is no other digital markets investigation power the exercise of which would result in the CMA being given the information of the relevant kind.

2

A warrant under this section authorises a named officer of the CMA (“the authorised officer”), and any other of the CMA’s officers whom the CMA has authorised in writing to accompany the authorised officer, to—

a

enter the premises specified in the warrant, using such force as is reasonably necessary;

b

take onto the premises such equipment as appears to the authorised officer to be necessary;

c

search the premises for information appearing to be information of the relevant kind;

d

operate any equipment found on the premises for the purpose of producing information;

e

require any person on the premises to provide such assistance as the authorised officer may reasonably require (including providing passwords or encryption keys and operating equipment on the premises);

f

require any person on the premises to give information to the authorised officer;

g

require any person on the premises to state, to the best of their knowledge and belief, where information appearing to be of the relevant kind may be found;

h

take copies of, or extracts from, any information appearing to be information of the relevant kind;

i

take possession of any information appearing to be information of the relevant kind that is produced under paragraph (d) or given to the authorised officer under paragraph (f);

j

take possession of any other information appearing to be information of the relevant kind if—

i

such action appears to be necessary for preserving the information or preventing interference with it, or

ii

it is not reasonably practicable to take copies of the information on the premises;

k

take any other steps which appear to be necessary for the purpose of preserving any information appearing to be information of the relevant kind or preventing interference with it.

3

Any information which is given to an investigating officer under subsection (2) must be in a form—

a

in which it can be taken away, and

b

which is visible and legible or from which it can be readily be generated in a visible and legible form.

4

A warrant under this section may authorise persons specified in the warrant to accompany the authorised officer who is executing it.

5

A warrant under this section continues in force until the end of the period of one month beginning with the day on which it is issued.

6

Any information which the CMA obtains under subsection (2) may be retained for a period of three months.

7

For the purposes of this section and section 76—

  • “domestic premises” means premises (or any part of premises) that are used as a dwelling and are—

    1. a

      premises also used in connection with the affairs of an undertaking or, where the undertaking is part of a group, a member of that group, or

    2. b

      premises where information relating to the affairs of an undertaking or, where the undertaking is part of a group, a member of that group, is located;

  • “occupier”, in relation to any premises, means a person whom the authorised officer reasonably believes is the occupier of those premises;

  • “premises” includes business premises (see section 71(7)) and domestic premises.