SCHEDULES
F1SCHEDULE 8AFurther Provision about Claims in Respect of Loss or Damage Before a Court or the Tribunal
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A settlement submission which has not been withdrawn is not admissible in evidence in competition proceedings.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A cartel leniency statement is not admissible in evidence in competition proceedings (whether or not it has been withdrawn).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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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)