Part I Competition

Chapter V Miscellaneous

Findings of fact by F1OFT

58 Findings of fact by F2OFT.

(1)

Unless the court directs otherwise F3or the F2OFT has decided to take further action in accordance with section 16(2) or 24(2), F4OFT’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 F5under 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 F6the Tribunal on such an appeal has confirmed the finding.

(2)

In this section—

F7“an OFT’s finding” means a finding of fact made by the OFT in the course of conducting an investigation;

F8“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 F9or 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 F10or 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 F2OFT to the court in Part I proceedings.