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

Presumption that cartels cause harm U.K.

13. For the purposes of competition proceedings, it is to be presumed, unless the contrary is proved, that a cartel causes loss or damage.

Immunity recipients U.K.

14. (1) Paragraphs 15 and 16 apply where—

(a) undertakings have infringed the Chapter I prohibition F2 ... by participating in a cartel, and

(b) in respect of its participation in the infringement (the “cartel infringement”), an undertaking has been granted immunity from financial penalties under a cartel leniency programme.

(2) The undertaking mentioned in sub-paragraph (1)(b) is referred to in paragraphs 15 and 16 as “an immunity recipient”.

Textual Amendments

F2 Words in Sch. 8A para. 14(1)(a) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(5); 2020 c. 1, Sch. 5 para. 1(1)

Liability of immunity recipients U.K.

15. An immunity recipient is not liable (either alone or jointly) to pay damages in respect of loss or damage suffered by a person as a result of the cartel infringement (whatever the legal basis of the liability) except where—

(a) the person acquired a product or service that was the object of the cartel infringement directly or indirectly from the immunity recipient,

(b) the person acquired a product or service containing or derived from a product or service that was the object of the cartel infringement indirectly from the immunity recipient,

(c) the person provided a product or service that was the object of the cartel infringement directly or indirectly to the immunity recipient,

(d) a product or service that was the object of the cartel infringement contained or was derived from a product or service provided by the person, or

(e) the person is unable to obtain full compensation for the loss or damage from other undertakings involved in the cartel infringement.

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).]