Suspension during collective proceedingsU.K.
[F123.(1)Where a competition claim is made in collective proceedings at the commencement of those proceedings (“the section 47B claim”), this paragraph applies for the purpose of determining the limitation or prescriptive period for the claim if it is subsequently made in proceedings under section 47A.
(2)The period of the collective proceedings is not to be counted when calculating whether the limitation or prescriptive period has expired.
(3)The period of collective proceedings begins with the day on which the collective proceedings are commenced.
(4)The period of collective proceedings ends with the first day on which one of the following occurs—
(a)the Tribunal declines to make a collective proceedings order in respect of the collective proceedings;
(b)the Tribunal makes a collective proceedings order in respect of the proceedings, but the order does not provide that the section 47B claim is eligible for inclusion in the proceedings;
(c)the Tribunal rejects the section 47B claim;
(d)in the case of opt-in collective proceedings, the period within which a person may choose to have the section 47B claim included in the proceedings expires without the person having done so;
(e)in the case of opt-out collective proceedings—
(i)a person domiciled in the United Kingdom chooses (within the period in which such a choice may be made) to have the section 47B claim excluded from the collective proceedings, or
(ii)the period within which a person not domiciled in the United Kingdom may choose to have the section 47B claim included in the collective proceedings expires without the person having done so;
(f)the section 47B claim is withdrawn;
(g)the Tribunal revokes the collective proceedings order in respect of the collective proceedings;
(h)the Tribunal varies the collective proceedings order in such a way that the section 47B claim is no longer included in the collective proceedings;
(i)the section 47B claim is settled with or without the Tribunal’s approval;
(j)the section 47B claim is dismissed, discontinued or otherwise disposed of without an adjudication on the merits.
(5)Where—
(a)there is a period of collective proceedings in relation to a competition claim, and
(b)but for this sub-paragraph, the limitation or prescriptive period would expire before the end of the period of 6 months beginning with the day after the day on which the period of collective proceedings ends,
the limitation or prescriptive period for the claim is to be treated as expiring at the end of that 6 month period.]
Textual Amendments