Digital Markets, Competition and Consumers Act 2024
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Change 1
26 Power to begin a conduct investigation
(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.
26 Power to begin a conduct investigation
(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.
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