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Competition Act 1998, Section 58 is up to date with all changes known to be in force on or before 13 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 01/03/2000
(1)Unless the court directs otherwise or the Director has decided to take further action in accordance with section 16(2) or 24(2), a Director’s finding which is relevant to an issue arising in Part I proceedings is binding on the parties if—
(a)the time for bringing an appeal in respect of the finding has expired and the relevant party has not brought such an appeal; or
(b)the decision of an appeal tribunal on such an appeal has confirmed the finding.
(2)In this section—
“a Director’s finding” means a finding of fact made by the Director in the course of—
determining an application for a decision under section 14 or 22, or
conducting an investigation under section 25;
“Part I proceedings” means proceedings—
in respect of an alleged infringement of the Chapter I prohibition or of the Chapter II prohibition; but
which are brought otherwise than by the Director;
“relevant party” means—
in relation to the Chapter I prohibition, a party to the agreement which is alleged to have infringed the prohibition; and
in relation to the Chapter II prohibition, the undertaking whose conduct is alleged to have infringed the prohibition.
(3)Rules of court may make provision in respect of assistance to be given by the Director to the court in Part I proceedings.
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