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Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Version date: 24 May 2024 - onwards

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".