121 Duty to preserve documents relevant to investigations
(1) Chapter 3 of Part 1 of CA 1998 (competition: investigation and enforcement) is amended as follows.
(2) After section 25A insert -
"25B Duty 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".