Section 25B Duty to preserve documents relevant to investigations

(1)

F1 Subsection (2) applies where a person knows or suspects that—

(a)

an investigation by the CMA under section 25 is being or is likely to be carried out F3, or

(b)

the CMA is assisting, or is likely to assist, an overseas regulator in carrying out any of its functions which correspond or are similar to the functions of the CMA under this Part (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024).

(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 F4or to the provision of such assistance.

(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.

Annotations

Textual amendments

F1: S. 25B inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 121(2), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
F2: Words in s. 25B(1) renumbered as s. 25B(1)(a) (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 10(2)(a); S.I. 2024/1226, regs. 1(2), 2(1)(20)
F3: S. 25B(1)(b) and word inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 10(2)(b); S.I. 2024/1226, regs. 1(2), 2(1)(20)
F4: Words in s. 25B(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 10(3); S.I. 2024/1226, regs. 1(2), 2(1)(20)

Notes on the whole Act

Textual amendments

F1: Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1