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 4 U.K. Cartels

Contribution between participants in cartels U.K.

16. (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).]