PART 7Amendment of Part 7 of the 2019 Regulations: saving and transitional provision
CHAPTER 1Competition Act 1998
Amendment of Part 6: Court and tribunal proceedings relating to competition39
1
Part 6 of Schedule 4 to the 2019 Regulations is amended as follows.
2
At the start of Part 6, after the Part heading insert—
Interpretation13A
In this Part of this Schedule—
“domestic competition infringement” means an infringement or alleged infringement of the Chapter I prohibition or the Chapter II prohibition (in each case as defined in section 59 of the 1998 Act);
“EU competition infringement” means an infringement or alleged infringement of—
- a
the prohibition in Article 101(1) of the Treaty on the Functioning of the European Union,
- b
the prohibition in Article 102 of that Treaty,
- c
the prohibition in Article 53 of the European Economic Area Agreement, or
- d
the prohibition in Article 54 of that Agreement.
3
In the heading before paragraph 14, for “pre-exit day” substitute “pre-IP completion day”.
4
In paragraph 14—
a
omit sub-paragraph (1);
b
for each reference to “exit day” substitute “IP completion day”.
5
In paragraph 15—
a
the existing text becomes sub-paragraph (1) of that paragraph;
b
after sub-paragraph (1) insert—
2
Sub-paragraph (1) continues to apply if the claim (or defence to a claim) includes a claim (or defence to a claim) in respect of loss or damage arising from a domestic competition infringement that occurred before IP completion day including if that domestic competition infringement continues on or after IP completion day.
6
In paragraph 16, for each reference to “exit day” substitute “IP completion day”.
7
In the heading before paragraph 17, for “pre-exit day” substitute “pre-IP completion day”.
8
In paragraph 17—
a
omit sub-paragraph (1);
b
for sub-paragraph (2) substitute—
2
This paragraph applies to a claim (or defence to a claim)—
a
which is in respect of loss or damage arising from a domestic competition infringement that occurred before IP completion day including if that infringement continues on or after IP completion day;
b
which is not included in a claim (or defence to a claim) described in paragraph 14(2).
c
after sub-paragraph (2) insert—
3
On and after IP completion day, in relation to proceedings before a court or tribunal relating to a claim (or defence to a claim) to which this paragraph applies, the enactments mentioned in paragraphs 7(3) to (8) have effect as described there.