Part 1: Digital Markets Investigatory powers etc Section 74: Power to enter business premises without a warrant
This section gives the CMA the power to enter business premises without a warrant 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 power can be exercised both with and without notice. The CMA has existing powers of inspection without a warrant under section 27 of the Competition Act 1998.
	Subsection (1) gives an investigating officer of the CMA the power to enter any business premises for the purposes of a breach investigation. The CMA must have reasonable grounds to suspect that information relevant to the breach investigation can be accessed from or on the premises.
	Subsections (2) and (3) set out that an investigating officer must give notice prior to entry in all circumstances, except where they suspect that the premises are or have been occupied by the undertaking subject to the breach investigation, or where they have taken reasonable steps to give notice but have failed to do so.
	Subsection (2) sets out that, where an investigating officer is required to give notice, the notice must give the occupier at least two working days’ notice of entry and give details of the breach investigation. It must also indicate the consequences of failing to comply with the notice, as an individual could be subject to a penalty under sections 87(4) or prosecution under section 95 for obstructing an officer exercising their power of entry.
	Subsection (4) sets out that, where an investigating officer is not required to give notice, the officer is required to produce, on entry, evidence of their authorisation by the CMA and a document specifying the same information that a notice would include under subsection (2), paragraphs (b) and (c).
	Subsection (5) lists the powers an investigating officer has in addition to entering the business premises. This includes the power to take necessary equipment with them, to require any person on the premises to produce and explain relevant information, and take copies or extracts from any information given to them.
	Subsection (6) 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 (7) specifies that the CMA cannot enter premises outside the United Kingdom under this section. However, subsection (8) specifies that the CMA can access information regardless of where it is physically stored.