Legislation – Digital Markets, Competition and Consumers Act 2024
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Part 2Competition
Chapter 1Anti-trust
Investigations
121Duty to preserve documents relevant to investigations
(1)
Chapter 3 of Part 1 of CA 1998 (competition: investigation and enforcement) is amended as follows.
(2)
“25BDuty to preserve documents relevant to investigations
(1)
Subsection (2) applies where a person knows or suspects that an investigation by the CMA under section 25 is being or is likely to be carried out.
(2)
The person must not—
(a)
falsify, conceal, destroy or otherwise dispose of, or
(b)
cause or permit the falsification, concealment, destruction or disposal of,
a document which the person knows or suspects is or would be relevant to the investigation.
(3)
In this section, the reference to concealing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.”
(3)
In section 40ZE (enforcement of requirements: imposition of penalties) (inserted by paragraph 8 of Schedule 10), in subsection (1), in paragraph (a), after “imposed on the person” insert “by section 25B or”
.
122Production of information authorised by warrant
(1)
Section 28 of CA 1998 (power to enter business premises under a warrant) is amended as follows.
(2)
In subsection (1)—
(a)
in paragraph (a), in the words before sub-paragraph (i), after “there are on” insert “or accessible from”
;
(b)
in paragraph (b), in sub-paragraph (i), after “there are on” insert “or accessible from”
;
(c)
in paragraph (c), after “there are on” insert “or accessible from”
.
(3)
In subsection (2)—
(a)
in paragraph (f) omit “and which the named officer considers relates to any matter relevant to the investigation,”;
(b)
“(g)
to operate any equipment found on the premises for the purposes of producing such information in such a form;
(h)
to require any person on the premises to give the named officer any assistance the named officer may reasonably require (including for the purposes of paragraphs (f) and (g));
(i)
to take copies of, or take possession of, anything produced in accordance with paragraph (f) or (g) which the named officer considers relates to any matter relevant to the investigation.”
(4)
Section 28A of CA 1998 (power to enter domestic premises under a warrant) is amended as follows.
(5)
In subsection (1)—
(a)
in paragraph (a), in the words before sub-paragraph (i), after “there are on” insert “or accessible from”
;
(b)
in paragraph (b), in sub-paragraph (i), after “there are on” insert “or accessible from”
.
(6)
In subsection (2)—
(a)
in paragraph (f) omit “and which the named officer considers relates to any matter relevant to the investigation,”;
(b)
“(g)
to operate any equipment found on the premises for the purposes of producing such information in such a form;
(h)
to require any person on the premises to give the named officer any assistance the named officer may reasonably require (including for the purposes of paragraphs (f) and (g));
(i)
to take copies of, or take possession of, anything produced in accordance with paragraph (f) or (g) which the named officer considers relates to any matter relevant to the investigation.”
(7)
“(1A)
Nothing in section 28 or 28A authorises an officer to produce or take possession of, or make copies of or take extracts from, anything which, by virtue of subsection (1), a person could not be required to produce or disclose under this Part.”
123Additional powers of seizure from domestic premises
(1)
Part 2 of the Criminal Justice and Police Act 2001 (powers of seizure) is amended as follows.
(2)
In section 50 (additional powers of seizure from premises), in subsection (6), after “section 28(2)(b)” insert “or 28A(2)(b)”
.
(3)
In section 57(1) (retention of seized items), in paragraph (n), for “section 28(7)” substitute “sections 28(7) and 28A(8)”
.
(4)
(5)
In section 64(3) (meaning of “appropriate judicial authority”), in paragraph (a)(iii), for “section 28(2)” substitute “sections 28(2) and 28A(2)”
.
(6)
In section 65(2) (meaning of “legal privilege”), in paragraph (a)—
(a)
for “power” substitute “powers”
;
(b)
after “section 28(2)” insert “or 28A(2)”
.
(7)
In section 66(5) (general interpretation of Part 2), in paragraph (h), for “section 28(2)(c)” substitute “sections 28(2)(c) and 28A(2)(c)”
.
(8)
In Part 1 of Schedule 1 (powers of seizure: powers to which section 50 applies), in paragraph 67 (the Competition Act 1998), for “section 28(2)” substitute “sections 28(2) and 28A(2)”
.