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- Point in Time (31/10/2023)
- Original (As enacted)
Point in time view as at 31/10/2023.
Competition Act 1998, Section 58 is up to date with all changes known to be in force on or before 09 September 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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(1)Unless the court [F2or the Tribunal] directs otherwise [F3or the [F4OFT] has decided to take further action in accordance with section 16(2) or 24(2)], [F5CMA'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 [F6under section 46 or 47] in respect of the finding has expired and the relevant party has not brought such an appeal; or
(b)the decision of [F7the Tribunal] on such an appeal has confirmed the finding.
(2)In this section—
[F8“[F9a CMA's] finding” means a finding of fact made by the [F10CMA] in the course of conducting an investigation;]
[F11“Part 1 proceedings” means proceedings brought otherwise than by the [F10CMA]—
“relevant party” means—
(3)Rules of court [F18or Tribunal rules] may make provision in respect of assistance to be given by the [F19CMA] to the court [F20or the Tribunal] in Part I proceedings.
[F21(4)In this section “the court” means—
(a)in England and Wales or Northern Ireland, the High Court,
(b)in Scotland, the Court of Session or the sheriff.]
Textual Amendments
F1Word in s. 58 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Words in s. 58(1) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(2); S.I. 2015/1630, art. 3(j)
F3Words in s. 58(1) cease to have effect (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 34(2) (with reg. 6(2))
F4Word in s. 58 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(43)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F5Words in s. 58(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6Words in s. 58(1)(a) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 5(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F7Words in s. 58(1)(b) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 5(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F8Words in s. 58(2) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 34(3)(a)
F9Words in s. 58(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(3)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F10Word in s. 58(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(3)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F11Words in s. 58(2) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 34(3)(b)
F12Words in s. 58(2) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(3)(a); S.I. 2015/1630, art. 3(j)
F13Word in s. 58(2) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 19(2)(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in s. 58(2) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 19(2)(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in s. 58(2) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 19(3)(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in s. 58(2) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(3)(b); S.I. 2015/1630, art. 3(j)
F17Words in s. 58(2) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 19(3)(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in s. 58(3) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(4)(a); S.I. 2015/1630, art. 3(j)
F19Word in s. 58(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F20Words in s. 58(3) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(4)(b); S.I. 2015/1630, art. 3(j)
F21S. 58(4) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(5); S.I. 2015/1630, art. 3(j)
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