Part 1

Digital Markets
Chapter 6

Investigatory powers etc and compliance reports

Investigatory powers etc

Requirement to name a senior manager
70
1
Where the CMA gives an information notice to a designated undertaking or an undertaking that is the subject of a breach investigation, the CMA may include in the notice a requirement that the undertaking must name, in response to the notice, an individual who—
a
the undertaking considers to be a senior manager of the undertaking, and
b
may reasonably be expected to be in a position to ensure compliance with the requirements of the notice.
2
Where the CMA imposes a requirement to name an individual, the information notice must require the undertaking to inform the individual about the consequences for the individual of any failure by the undertaking to comply with the notice (see section 87).
3
An individual can be considered to be a senior manager of an undertaking only if the individual plays a significant role in—
a
making decisions about how the undertaking’s relevant activities are to be managed or organised, or
b
managing or organising the undertaking’s relevant activities.
4
An undertaking’s “relevant activities” are activities relating to the undertaking’s compliance with requirements imposed on it by or under this Part.
S. 70 not in force at Royal Assent, see s. 339(1)
S. 70 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)