Competition Act 1998 (c. 41)

SCHEDULES

[F1 SCHEDULE 8A U.K. Further Provision about Claims in Respect of Loss or Damage Before a Court or the Tribunal

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)

Part 2 U.K. Passing On

Burden of proof where an overcharge is passed on to an indirect purchaser U.K.

9. (1) Sub-paragraph (2) applies where—

(a) there is an overcharge as a result of an infringement of competition law, and

(b) a competition claim is made in respect of loss or damage which—

(i) arises, directly or indirectly, from the overcharge, and

(ii) was suffered by a person who acquired a product or service indirectly from the infringer (“the injured person”).

(2) The claimant is to be treated as having proved that the overcharge was passed on to the claimant if the claimant proves that—

(a) the defendant infringed competition law,

(b) as a result of the infringement, there was an overcharge when a person acquired a product or service directly from the defendant, and

(c) the claimant subsequently acquired—

(i) the product or service mentioned in paragraph (b), or

(ii) a product or service derived from or containing the product or service mentioned in paragraph (b).

(3) Sub-paragraph (2) does not apply if the defendant proves that the overcharge, or part of it, was not passed on to the claimant.

(4) Where the claimant is not the injured person, the following are to be read as references to the injured person—

(a) the second reference to the claimant in the opening words of sub-paragraph (2), and

(b) the references to the claimant in sub-paragraphs (2)(c) and (3).

(5) Where the defendant is not the infringer, the references in sub-paragraph (2)(a) and (b) to the defendant are to be read as references to the infringer.]