Part 4

Market Investigations
Chapter 4

Supplementary

Investigation powers

Investigation powers of OFT
174
1
The OFT may exercise any of the powers in subsections (3) to (5) for the purpose of assisting it in deciding whether to make a reference under section 131 or to accept undertakings under section 154 instead of making such a reference.
2
The OFT shall not exercise any of the powers in subsections (3) to (5) for the purpose of assisting it as mentioned in subsection (1) unless it already believes that it has power to make such a reference.
3
The OFT may give notice to any person requiring him—
a
to attend at a time and place specified in the notice; and
b
to give evidence to the OFT or a person nominated by the OFT for the purpose.
4
The OFT may give notice to any person requiring him—
a
to produce any documents which—
i
are specified or described in the notice, or fall within a category of document which is specified or described in the notice; and
ii
are in that person’s custody or under his control; and
b
to produce them at a time and place so specified and to a person so specified.
5
The OFT may give notice to any person who carries on any business requiring him—
a
to supply to the OFT such estimates, forecasts, returns or other information as may be specified or described in the notice; and
b
to supply it at a time and place, and in a form and manner, so specified and to a person so specified.
6
A notice under this section shall include information about the possible consequences of not complying with the notice.
7
The person to whom any document is produced in accordance with a notice under this section may, for the purpose mentioned in subsection (1), copy the document so produced.
8
No person shall be required under this section—
a
to give any evidence or produce any documents which he could not be compelled to give or produce in civil proceedings before the court; or
b
to supply any information which he could not be compelled to supply in evidence in such proceedings.
9
No person shall be required, in compliance with a notice under this section, to go more than 10 miles from his place of residence unless his necessary travelling expenses are paid or offered to him.
10
Any reference in this section to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form.
11
In this section “the court” means—
a
in relation to England and Wales or Northern Ireland, the High Court; and
b
in relation to Scotland, the Court of Session.