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 7 U.K. Use of Evidence

Cartel leniency statements and settlement submissions U.K.

32. (1) A settlement submission which has not been withdrawn is not admissible in evidence in competition proceedings.

(2) A cartel leniency statement is not admissible in evidence in competition proceedings (whether or not it has been withdrawn).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

Investigation materials U.K.

33. (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.

Material obtained from a competition authority’s file U.K.

34. 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.

Decisions of member State competition authorities U.K.

F2 35.] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 8A para. 35 omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(6); 2020 c. 1, Sch. 5 para. 1(1)