Part 1

Digital Markets
Chapter 3

Conduct requirements

Enforcement of conduct requirements

Power to begin a conduct investigation
26
1
The CMA may begin an investigation (a “conduct investigation”) where it has reasonable grounds to suspect that an undertaking has breached a conduct requirement.
2
A conduct investigation is an investigation into—
a
whether a breach has occurred, and
b
if it has, what action, if any, the CMA should take in relation to the breach.
3
When the CMA begins a conduct investigation it must give a notice (a “conduct investigation notice”) to the undertaking which it suspects has breached a conduct requirement.
4
The conduct investigation notice must—
a
state the conduct requirement which the CMA suspects has been breached;
b
describe the conduct which the CMA suspects constituted the breach;
c
state the period within which the undertaking may make representations in relation to the conduct investigation (see subsection (5));
d
state the period by the end of which the CMA must give a notice to the undertaking setting out its findings as a result of the conduct investigation (see section 30(2));
e
state the circumstances in which that period may be extended (see section 104);
f
state the effect of the following provisions—
i
section 28 (closing a conduct investigation without making a finding);
ii
section 30 (notice of findings);
iii
section 36 (commitments).
5
The period mentioned in subsection (4)(c) is such period as the CMA may determine.
6
As soon as reasonably practicable after giving a conduct investigation notice, the CMA must publish the conduct investigation notice.
S. 26 not in force at Royal Assent, see s. 339(1)
S. 26 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)