SCHEDULES

F1SCHEDULE 8AFurther Provision about Claims in Respect of Loss or Damage Before a Court or the Tribunal

Annotations:

Part 7Use of Evidence

32Cartel leniency statements and settlement submissions

1

A settlement submission which has not been withdrawn is not admissible in evidence in competition proceedings.

2

A cartel leniency statement is not admissible in evidence in competition proceedings (whether or not it has been withdrawn).

3

The prohibitions in sub-paragraphs (1) and (2) do not apply if a party to the proceedings obtained the submission or statement—

a

lawfully, and

b

otherwise than from a competition authority’s file.

33Investigation materials

1

A competition authority’s investigation materials are not admissible in evidence in competition proceedings at any time before the competition authority has closed the investigation to which those materials relate.

2

The prohibition in sub-paragraph (1) does not apply if a party to the proceedings obtained the materials—

a

lawfully, and

b

otherwise than from a competition authority’s file.

34Material obtained from a competition authority’s file

Documents or information obtained by a person (“P”) from a competition authority’s file are admissible in evidence in competition proceedings only where—

a

the proceedings relate, entirely or partly, to a competition claim made by P or by a person who has acquired P’s right to make the claim (whether by operation of law or otherwise), and

b

none of the prohibitions in paragraphs 32 and 33 applies.

F235Decisions of member State competition authorities

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