Part 1

Digital Markets
Chapter 6

Investigatory powers etc and compliance reports

Investigatory powers etc

Power to require information
69
1
For the purpose of exercising, or deciding whether to exercise, any of its digital markets functions, the CMA may require a person (“P”) to give specified information to it where it considers that the information is relevant to a digital markets function.
2
The power conferred by subsection (1) is to be exercised by giving P a notice (an “information notice”).
3
The CMA must include in an information notice—
a
the time and place at which the specified information must be given to the CMA;
b
the manner and form in which the information must be given to the CMA;
c
information about the possible consequences of not complying with the notice.
4
The power under this section to require P to give information to the CMA includes the power to—
a
take copies of or extracts from information;
b
require P to obtain or generate information;
c
require P to collect or retain information that they would not otherwise collect or retain;
d
if any specified information is not given to the CMA, require P to state, to the best of their knowledge and belief, both where that information is and why it has not been given to the CMA.
5
For the purposes of subsection (4)(b), the CMA may include in an information notice—
a
a requirement for P to vary their usual conduct (whether in relation to some or all users or potential users of any service or digital content that P provides);
b
a requirement for P to perform a specified demonstration or test.
6
In this section, “specified” means—
a
specified, or described, in the information notice, or
b
falling within a category which is specified, or described, in the information notice.
7
The powers conferred by this section are exercisable in relation to information whether it is stored within or outside the United Kingdom.
S. 69 not in force at Royal Assent, see s. 339(1)
S. 69 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)