Part 1

Digital Markets
Chapter 6

Investigatory powers etc and compliance reports

Investigatory powers etc

Reports by skilled persons
79
1
The CMA may exercise the powers in this section in relation to a designated undertaking, an undertaking that is the subject of a breach investigation or an undertaking that is the subject of an SMS investigation (in each case, “U”) for the purpose of exercising, or deciding whether to exercise, any of its digital markets functions.
2
The CMA may appoint a skilled person to provide it with a report in a specified form about matters relevant to the purposes for which the powers under this section are or may be exercised (“the relevant matters”).
3
Where the CMA makes such an appointment, the CMA must give a notice to U—
a
confirming the appointment;
b
specifying the relevant matters.
4
A notice under subsection (3) may also make provision for U to be liable for payment, directly to the skilled person, of the skilled person’s remuneration and expenses relating to the preparation of the report.
5
As an alternative to subsection (2), the CMA may give a notice to U—
a
requiring U to appoint a skilled person to provide the CMA with a report in such form as may be specified in the notice;
b
specifying the relevant matters to be explored in the report;
c
specifying the date by which the report must be provided.
6
Where the skilled person is to be appointed by U, U may not make an appointment unless the CMA has approved in writing—
a
the identity of the skilled person, and
b
the terms on which they will be appointed, including in relation to their remuneration and expenses.
7
Subsections (8) to (10) apply in relation to an amount due to a skilled person from U under this section.
8
In England and Wales, such an amount is recoverable—
a
if the county court so orders, as if it were payable under an order of that court;
b
if the High Court so orders, as if it were payable under an order of that court.
9
In Scotland, such an amount may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
10
In Northern Ireland, such an amount is recoverable—
a
if a county court so orders, as if it were payable under an order of that court;
b
if the High Court so orders, as if it were payable under an order of that court.
11
References in this section to a skilled person are to a person appearing to the CMA to have the skills necessary to prepare a report about the relevant matters.
12
It is the duty of—
a
U, and
b
any person connected to (see section 118(3)) U,
to give a skilled person who has been appointed under this section all such assistance (including access to such business premises (see section 71(7)), equipment, services, information and individuals) as the skilled person may reasonably require to prepare the report.
13
The duty in section 79(12) does not include a duty to give access to premises, equipment or individuals outside the United Kingdom.
14
But the duty in section 79(12) does include a duty to give access to information and services whether stored or provided within or outside the United Kingdom.
S. 79 not in force at Royal Assent, see s. 339(1)
S. 79 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)