Section 26

The CMA may begin an investigation (a “conduct investigation”) where it has reasonable grounds to suspect that an undertaking has breached a conduct requirement. A conduct investigation is an investigation into— whether a breach has occurred, and if it has, what action, if any, the CMA should take in relation to the breach. 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. The conduct investigation notice must— state the conduct requirement which the CMA suspects has been breached; describe the conduct which the CMA suspects constituted the breach; state the period within which the undertaking may make representations in relation to the conduct investigation (see subsection (5)); 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)); state the circumstances in which that period may be extended (see section 104); state the effect of the following provisions— section 28 (closing a conduct investigation without making a finding); section 30 (notice of findings); section 36 (commitments). The period mentioned in subsection (4)(c) is such period as the CMA may determine. As soon as reasonably practicable after giving a conduct investigation notice, the CMA must publish the conduct investigation notice.

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Source: legislation.gov.uk · retrieved 2026-07-30