The Competition (Amendment etc.) (EU Exit) Regulations 2019

PART 6 U.K. Court and tribunal proceedings relating to competition

[F1 Interpretation U.K.

13A.   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.]

Textual Amendments

F1 Sch. 4 para. 13A inserted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 39(2)

Commencement Information

I1 Sch. 4 para. 13A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Claims before a court or tribunal relating to [F2 pre-IP completion day] EU competition infringements U.K.

14.—F3 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where an EU competition infringement occurs before [F4 IP completion day], on and after [F4 IP completion day] a person may—

(a) continue any claim (or defence to a claim) in relation to that infringement in proceedings before a court or tribunal in the United Kingdom, and

(b) make any claim (or defence to a claim) in relation to that infringement in proceedings before a court or tribunal in the United Kingdom which the person could have made before [F4 IP completion day].

(3) The reference in sub-paragraph (2)(b) to a claim which a person could have made before [F4 IP completion day] includes a claim which the person could have made if any loss or damage to which the claim relates had arisen before [F4 IP completion day] (whether or not it did so).

(4) Where a person has acquired the right to make a claim from another person (whether by operation of law or otherwise), the reference in sub-paragraph (2)(b) to a claim which a person could have made before [F4 IP completion day] includes a claim which that other person could have made before [F4 IP completion day].

Textual Amendments

F2 Words in Sch. 4 para. 14 heading substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 39(3)

F3 Sch. 4 para. 14(1) omitted (31.12.2020 immediately before IP completion day) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 39(4)(a)

F4 Words in Sch. 4 para. 14 substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 39(4)(b)

Commencement Information

I2 Sch. 4 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

15.— [F5 (1)] In relation to claims (and defences to claims) described in paragraph 14(2) the enactments mentioned in paragraph 7(3) to (8) have effect as described there. U.K.

[F6 (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.]

Textual Amendments

F5 Sch. 4 para. 15 renumbered as Sch. 4 para. 15(1) (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 39(5)(a)

F6 Sch. 4 para. 15(2) inserted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 39(5)(b)

Commencement Information

I3 Sch. 4 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

16.  Where, before [F7 IP completion day], a reference has been made in proceedings by the Competition Appeal Tribunal to the European Court under rule 109 of the Competition Appeal Tribunal Rules 2015 and no preliminary ruling has been made, any stay (or in Scotland, sist) under rule 109(3) is to continue on and after [F7 IP completion day] unless or until the Tribunal otherwise directs. U.K.

Textual Amendments

F7 Words in Sch. 4 para. 16 substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 39(6)

Commencement Information

I4 Sch. 4 para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Claims before a court or tribunal relating to [F8 pre-IP completion day] domestic competition infringements U.K.

17.—F9 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (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).]

[F11 (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.]

Textual Amendments

F8 Words in Sch. 4 para. 17 heading substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 39(7)

F9 Sch. 4 para. 17(1) omitted (31.12.2020 immediately before IP completion day) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 39(8)(a)

F10 Sch. 4 para. 17(2) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 39(8)(b)

F11 Sch. 4 para. 17(3) inserted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 39(8)(c)

Commencement Information

I5 Sch. 4 para. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)