Part 1 Competition Act 1998
Part 1 Competition Act 1998

1

The Competition Act 1998 is amended in accordance with this Part.

2

For the heading of Chapter 4 of Part 1, substitute “Appeals, proceedings before the Tribunal and settlements relating to infringements of competition law”.

3

For the cross-heading preceding section 46, substitute “Appeals and proceedings before the Tribunal”.

4

(1)     For section 47A substitute—

(1)     A person may make a claim to which this section applies in proceedings before the Tribunal, subject to the provisions of this Act and Tribunal rules.

(2)     This section applies to a claim of a kind specified in subsection (3) which a person who has suffered loss or damage may make in civil proceedings brought in any part of the United Kingdom in respect of an infringement decision or an alleged infringement of—

(a)     the Chapter I prohibition,

(b)     the Chapter II prohibition,

(c)     the prohibition in Article 101(1), or

(d)     the prohibition in Article 102.

(3)     The claims are—

(a)     a claim for damages;

(b)     any other claim for a sum of money;

(c)     in proceedings in England and Wales or Northern Ireland, a claim for an injunction.

(4)     For the purpose of identifying claims which may be made in civil proceedings, any limitation rules or rules relating to prescription that would apply in such proceedings are to be disregarded.

(5)     The right to make a claim in proceedings under this section does not affect the right to bring any other proceedings in respect of the claim.

(6)     In this Part (except in section 49C) “infringement decision” means—

(a)     a decision of the CMA that

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