Competition Act 1998

58 Findings of fact by [F1OFT].U.K.

(1)Unless the court directs otherwise [F2or the [F1OFT] has decided to take further action in accordance with section 16(2) or 24(2)], [F3OFT’s] finding which is relevant to an issue arising in Part I proceedings is binding on the parties if—

(a)the time for bringing an appeal [F4under section 46 or 47] in respect of the finding has expired and the relevant party has not brought such an appeal; or

(b)the decision of [F5the Tribunal] on such an appeal has confirmed the finding.

(2)In this section—

  • [F6“an OFT’s finding” means a finding of fact made by the OFT in the course of conducting an investigation;]

  • [F7“Part 1 proceedings” means proceedings brought otherwise than by the OFT—

    (a)

    in respect of an alleged infringement of the Chapter I prohibition or of the Chapter II prohibition; or

    (b)

    in respect of an alleged infringement of the prohibitions in Article 81(1) or Article 82;]

  • “relevant party” means—

    (a)

    in relation to the Chapter I prohibition [F8or the prohibition in Article 81(1)], a party to the agreement which is alleged to have infringed the prohibition; and

    (b)

    in relation to the Chapter II prohibition [F9or the prohibition in Article 82], the undertaking whose conduct is alleged to have infringed the prohibition.

(3)Rules of court may make provision in respect of assistance to be given by the [F1OFT] to the court in Part I proceedings.

Textual Amendments

F1Word in s. 58 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(43)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F3Words in s. 58 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(43)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F4Words in s. 58(1)(a) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 5(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F5Words in s. 58(1)(b) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 5(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)