Part I Competition

Chapter V Miscellaneous

Findings of fact by Director

58 Findings of fact by Director.

(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—

(a)

determining an application for a decision under section 14 or 22, or

(b)

conducting an investigation under section 25;

“Part I proceedings” means proceedings—

(a)

in respect of an alleged infringement of the Chapter I prohibition or of the Chapter II prohibition; but

(b)

which are brought otherwise than by the Director;

“relevant party” means—

(a)

in relation to the Chapter I prohibition, a party to the agreement which is alleged to have infringed the prohibition; and

(b)

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.