Part 1: Digital Markets Investigatory powers etc Section 71: Power of access
This section gives the CMA the power to require a designated undertaking (and an undertaking subject to existing obligations under section 17(1)) or an undertaking subject to a breach investigation to obtain, generate, collect or retain information (which includes information in any form) or to conduct a specified demonstration or test of a business system or process under the supervision of the CMA. This power can be exercised where the undertaking has failed to comply with a previous request for information under section 69 or it has failed to provide sufficient assistance to a skilled person under section 79.
	Subsection (1) sets out the circumstances in which the CMA can exercise this power. The CMA can only use this power where a designated undertaking or an undertaking subject to a breach investigation has failed to comply with the requirements of an information notice under section 69, or has failed to comply with a duty to assist a skilled person under section 79. This might include situations where an undertaking has failed to provide the information requested, or has not carried out the request in the way specified in the information notice, or where information provided is incomplete or inaccurate.
	Subsection (2) gives the CMA the power to require that an undertaking gives access to relevant business premises, equipment, services, information or individuals for the purpose of the CMA supervising the undertaking obtaining, generating, collecting or retaining information, or for the CMA to observe the operation of the undertaking’s business process or a specified demonstration or test of a system. For example, under this subsection the CMA could supervise a test or be provided with a demonstration of an undertaking’s systems or technical processes (including algorithms), where an undertaking has failed to comply with a request to conduct a test itself and report the results to the CMA under sections 69 and 79. This could include the CMA specifying relevant input data, parameters and other aspects of the test or demonstration. Securing compliance for the purpose of this section includes the ability for the CMA to require information requested under sections 69 and 79 or to verify any reasons an undertaking has given for not complying with sections 69 and 79.
	Subsection (3) requires that any notice given under subsection (2) must describe the access the CMA requires, and the date by and manner in which the undertaking must provide access to the CMA. The CMA could, for example, require that it supervise a test being carried out in the presence of an undertaking’s engineers, either at the undertaking’s business premises or remotely.
	Subsection (4) imposes a duty on the undertaking to comply with the access required by the CMA.
	Subsection (5) specifies that the CMA may only require access to premises, equipment or individuals which are located in the United Kingdom under subsection (2). However subsection (6) specifies that the CMA may require access to information or services under subsection (2) regardless of whether they are located in the United Kingdom or not.
	Subsection (7) defines a "business premises" as a premises, or any part of premises, not used as a dwelling. This is the same definition as in section 27 of the Competition Act 1998.