Competition Act 1998

Suspension during consensual dispute resolution process U.K.

[F1 22. (1) This paragraph applies where—

(a) a dispute arising from an infringement of competition law is the subject of a consensual dispute resolution process,

(b) a competition claim is made which arises from the dispute, and

(c) the claimant and the defendant participated in the consensual dispute resolution process.

(2) The period of the consensual dispute resolution process is not to be counted when calculating whether the limitation or prescriptive period for the claim expired.

(3) The period of a consensual dispute resolution process in relation to a dispute begins with the first day on which either of the following occurs—

(a) the claimant and the defendant (with or without others) enter into an agreement to engage in the process in respect of the dispute, or

(b) the claimant and the defendant submit the dispute to the person who is to run the process.

(4) The period of a consensual dispute resolution process ends with the first day on which one of the following occurs —

(a) the claimant and the defendant reach an agreement to resolve the dispute;

(b) where the process is the subject of an agreement or rules, the process comes to an end in accordance with the agreement or rules;

(c) the claimant or defendant notifies the other that it has withdrawn from the process;

(d) the claimant or the defendant asks the other to confirm that it wishes to continue with the process and does not receive a response within the period of 14 days beginning with the day on which the request is made;

(e) the claimant and the defendant are notified that the person to whom they submitted the dispute refuses to deal with it;

(f) the claimant and defendant are notified that the person running the process cannot continue to act in relation to the dispute and fail to agree to submit the dispute to another person within the period of 14 days beginning with the day on which they are notified.

(5) Where the competition claim is made in collective proceedings, the references to the claimant in sub-paragraphs (1)(c), (3) and (4) are to be read as references to the claimant or the representative.

(6) Where the claimant has acquired the right to make the competition claim from another person (whether by operation of law or otherwise), the references to the claimant in sub-paragraphs (1)(c), (3), (4) and (5) are to be read as references to the claimant or a person in whom the cause of action was previously vested.

(7) Where the defendant has acquired the infringer’s liability in respect of the infringement of competition law from another person (whether by operation of law or otherwise), the references to the defendant in sub-paragraphs (1)(c), (3) and (4) are to be read as references to the defendant or a person who has previously held the liability.]

Textual Amendments

F1 Sch. 8A inserted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 1 para. 4 (with Sch. 1 para. 5)