Part 1: Digital Markets Investigatory powers etc Section 75: Power to enter premises under a warrant
This section gives the CMA the power to enter business and domestic premises under a warrant, without notice and using reasonable force, for the purposes of a breach investigation. A breach investigation is defined in section 118(1), and includes an investigation into whether an undertaking is breaching or has breached a requirement. The CMA has existing powers of entry under a warrant under sections 28 and 28A of the Competition Act 1998.
	Subsection (1) sets out the circumstances in which the High Court, the Court of Session or the CAT may issue a warrant to the CMA under this section. The CMA must prove that (a) there are reasonable grounds to suspect that there is information relevant to the breach investigation on or accessible from the premises, and (b) the CMA has already attempted to use another investigatory power to obtain the relevant information unsuccessfully, or suspects that no other investigatory power would enable it to obtain the relevant information it needs.
	Subsection (2) lists the powers an authorised officer of the CMA, and any officers authorised to accompany them, has under a warrant issued under this Part of the Act. This includes the power to enter the premises using reasonable force, to search the premises for relevant information, to operate equipment to produce information, and to require assistance and explanations from any person on the premises. The officer has the power to require the production of any information which is accessible from the premises, including material stored remotely or online in electronic form. This includes the power to take copies of or extracts from, or take possession of, any relevant information that is given to them.
	Subsection (3) specifies that any information given to an officer must be provided in a form in which it can be taken away and either is, or can easily be made, visible and legible. This includes the ability for the CMA to require information to be provided in electronic form.
	Subsection (4) provides that a warrant may also authorise people who are not employees of the CMA to accompany and assist the authorised officer who is exercising the powers under this section. This might include individuals who have expertise that is not available within the CMA but is required to fully carry out the terms of the warrant (e.g. technical or IT experts).
	Subsection (7) defines "domestic premises" in relation to the premises the CMA is empowered to enter, and "occupier" and "premises" for the purposes of this section and section 76.