# Digital Markets, Competition and Consumers Act 2024, Section 26: Power to begin a conduct investigation

Extent: E+W+S+N.I.

(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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Source: https://www.legislation.gov.uk/ukpga/2024/13/section/26 (the official version)
Page: https://openlegislation.uk/digital-markets-competition-and-consumers-act-2024/section-26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.