Section 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— Duty to preserve documents relevant to investigations 25B (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”.