Guidance

How the CMA gathers information to enforce consumer law

Published 28 August 2025

The CMA is the UK’s main competition and consumer enforcement body. We help people and the UK economy by promoting competitive markets and tackling unfair behaviour. 

Who our powers apply to 

The CMA can request information from anyone if we think it will help us learn more about a suspected breach of consumer law. We might request information from you if you: 

• own, manage, or work in any role within a business which is currently being investigated by the CMA, or might be in the future

• have information about a business that is being, or may be, investigated (for example, you might be a business’ supplier) 

Being asked for information does not mean that you are subject to a formal investigation by the CMA. 

Our powers

We can use any of our legal powers to gather information, which include:

• sending written information notices 

• purchasing products 

• observing business’ conduct

• entering premises 

This guide provides a summary of these powers. It only covers the main points. Read the CMA’s full consumer enforcement guidance (CMA58) for more information. 

We may also carry out preliminary enquiries, research, or other activities (for example, a call for information from the public) before opening a case. This might include holding early discussions with, or seeking information from, relevant sources, voluntarily. 

Sending written information notices 

The CMA can request information from:

• people and businesses, both in and outside the UK, who are or might be the subject of an investigation 

• third parties (such as customers, complainants, and service providers), if they are connected to the UK through their nationality, residence, place of business or where they carry on or direct their business

If the CMA sends you an information notice, you will receive it either: 

• by email 

• by it being delivered to you in person 

• by leaving it at your address 

• in the post 

Responding to an information notice 

If you receive an information notice, read it carefully. It will specify what information we are requesting, the deadline for providing the information and how the information should be provided.

You could be asked to provide:

• internal documents including business records, reports and policies 

• internal communications including emails, letters, text and instant messages 

• details of customers or transactions 

• copies of customer complaints

• information about consumer research and testing 

• other internal data 

In some cases, we may choose to give you advance notice and/or send you a draft notice for comment. 

If you have any queries about the information notice, including whether you can get a deadline extension, contact us as soon as possible, explaining your reasons for requesting an extension. Our contact details will be provided in the information notice. 

You must respond by the deadline (unless you have been given an extension). Failing to comply with the requirements of an information notice, without reasonable excuse, may result in a fine from the CMA. Details about potential fines will be in the information notice. 

Purchasing products 

The CMA might buy goods, services or digital content from your business’ website or retail premises. 

Observing the conduct of business 

The CMA might visit your business’ website or retail premises. 

Entering premises 

There are 3 ways we can visit your premises (this could be a head office or retail premises). 

Announced visit 

We may visit on a routine inspection with prior notice but without a warrant. When carrying out routine inspections of your premises, we will give you at least 2 working days’ notice. 

Unannounced visit without a warrant 

When carrying out unannounced visits without a warrant, CMA officers will produce evidence of their identity and authority. They will provide you with a document setting out what the investigation is about and describing what criminal offences may be committed if you fail to cooperate. 

Unannounced visit with a warrant 

If we visit your premises under warrant, we can come at any reasonable time and can use reasonable force to gain entry if necessary. CMA officers will show you a copy of the warrant. If the premises are unoccupied and, if they have entered by using force, they will leave you a notice explaining what has happened and will secure the premises against trespassers. 

What happens during visits 

When we make a visit of any type, we can: 

• search the premises and inspect products 

• break open containers and access electronic devices, including devices from which information may be stored or accessed (for example, where it is stored on a server off site, potentially in a different country)

• test equipment 

• seize and detain goods and documents 

At this stage, you could be asked to: 

• assist investigators 

• produce and give explanations of documents 

• provide copies of documents 

If we seize equipment during an inspection of your premises, you may ask for supervised access to any seized materials (for example, to take photographs or copies), but the CMA will decide whether to grant the request. If you request this, you may have to pay any associated costs. If certain conditions are met, you can also apply to the court for seized goods or documents to be released or for compensation for loss or damage caused by the seizure. 

We may return information we have gathered during an investigation, for example where it is duplicate information or is outside the nature and scope of the investigation. 

You can ask for legal advisers to be present during a CMA inspection of your premises. If you have not been given notice of the visit, and there is no in-house lawyer on the premises, CMA officers may wait a reasonable time for legal advisers to arrive. During that time, we may take steps to prevent tampering with evidence, such as sealing filing cabinets and suspending external email or phone traffic. 

When we use our powers 

We can gather information before, during or after we have decided to open an investigation into suspected consumer law breaches.

If you don’t comply

You should comply with the CMA’s legally imposed requirements as you may face enforcement action, including fines and prosecution, if you do not. There are limited circumstances in which you can refuse to provide information. You do not have to:

• produce legally privileged communications (but you must justify to the CMA what makes information legally privileged) 

• provide information or an explanation that would involve admitting that you have broken the law (this protects you from incriminating yourself) (but we would expect you to tell us if you think a response would incriminate you as soon as possible and explain why) 

You may:

• get a fixed penalty, and/or a daily penalty for each day your non-compliance continues, if in response to an information notice, without reasonable excuse, you: 
  • fail to provide information
  • give false or misleading information
  • destroy, conceal or falsify requested information 
• commit a criminal offence under the Perjury Act 1911 if you knowingly and wilfully make any false statement, or include any other information that is false, in response to an information notice 
• commit a criminal offence if you: 
  • intentionally obstruct an enforcer 
  • intentionally fail to comply with an enforcer’s requirement 
  • without reasonable cause, fail to give an enforcer help or information reasonably required 

This would include where you recklessly or knowingly make a false statement in a material respect. 

Find out what you can expect if we open a case because we suspect that you might have broken consumer law.