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Competition Act 1998, Paragraph 16 is up to date with all changes known to be in force on or before 13 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F116.(1)Sub-paragraph (2) applies in relation to proceedings to recover contribution under section 1 of the Civil Liability (Contribution) Act 1978 or section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 where contribution is to be recovered—
(a)in respect of loss or damage suffered by a person as a result of a cartel infringement, and
(b)from a person who is an immunity recipient in relation to the cartel infringement.
(2)The amount of contribution that the immunity recipient may be required to pay may not exceed the amount of the loss or damage the immunity recipient caused to—
(a)persons who acquired products or services that were the object of the cartel infringement directly or indirectly from the immunity recipient,
(b)persons who acquired products or services containing or derived from products or services that were the object of the cartel infringement indirectly from the immunity recipient,
(c)persons who provided products or services that were the object of the cartel infringement directly or indirectly to the immunity recipient, and
(d)persons who provided—
(i)products or services that were subsequently contained in products or services that were the object of the cartel infringement, or
(ii)products or services from which products or services that were the object of the cartel infringement were subsequently derived.
(3)The following have effect subject to sub-paragraph (2)—
(a)section 2(1) of the Civil Liability (Contribution) Act 1978 (assessment of contribution);
(b)section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (contribution among joint wrongdoers).]
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