Part I Competition

Chapter III Investigation and Enforcement

Investigations

26F1Investigations: powers to require documents and information

(1)

For the purposes of an investigation F2under section 25, the F3CMA may require any person to produce to F4it a specified document, or to provide F4it with specified information, which F4it considers relates to any matter relevant to the investigation.

(2)

The power conferred by subsection (1) is to be exercised by a notice in writing.

(3)

A notice under subsection (2) must F5...—

(a)

F6indicate the subject matter and purpose of the investigation; and

F7(b)

include information about the possible consequences of failing to comply with the notice.

(4)

In subsection (1) “specified” means—

(a)

specified, or described, in the notice; or

(b)

falling within a category which is specified, or described, in the notice.

(5)

The F8CMA may also specify in the notice—

(a)

the time and place at which any document is to be produced or any information is to be provided;

(b)

the manner and form in which it is to be produced or provided.

(6)

The power under this section to require a person to produce a document includes power—

(a)

if the document is produced—

(i)

to take copies of it or extracts from it;

(ii)

to require him, or any person who is a present or past officer of his, or is or was at any time employed by him, to provide an explanation of the document;

(b)

if the document is not produced, to require him to state, to the best of his knowledge and belief, where it is.