Part 1

Digital Markets
Chapter 6

Investigatory powers etc and compliance reports

Investigatory powers etc

Power of access
71
1
The CMA may exercise the powers in this section where it considers that a designated undertaking or an undertaking that is the subject of a breach investigation—
a
has not complied with the requirements of an information notice (see section 69), or
b
has not complied with the duty to assist a skilled person with the preparation of a report (see section 79(12)).
2
The CMA may access business premises, equipment, services, information or individuals in order to—
a
supervise the obtaining, generation, collection or retention of information by the undertaking,
b
observe the undertaking’s conduct in relation to users, or
c
observe a demonstration or test performed by the undertaking,
for the purpose of securing compliance with requirements imposed on the undertaking under section 69 or section 79(12).
3
Where the CMA requires access under subsection (2), it must give the undertaking a notice specifying—
a
the access that it requires,
b
a date by which the access must be provided, and
c
the manner in which the access must be provided (which may be remote).
4
The undertaking must give the CMA the access specified in the notice under subsection (3).
5
The powers conferred by this section are not exercisable in relation to premises, equipment or individuals outside the United Kingdom.
6
But the powers conferred by this section are exercisable in relation to information and services whether stored or provided within or outside the United Kingdom.
7
In this Chapter, “business premises” means premises (or any part of premises) not used as a dwelling.
S. 71 not in force at Royal Assent, see s. 339(1)
S. 71 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)