Competition Act 1998

[F1 58A Findings of infringements U.K.

(1) This section applies to proceedings before the court in which damages or any other sum of money is claimed in respect of an infringement of—

(a) the Chapter I prohibition;

(b) the Chapter II prohibition;

(c) the prohibition in [F2 Article 101(1)] of the Treaty;

(d) the prohibition in [F3 Article 102] of the Treaty.

(2) In such proceedings, the court is bound by a decision mentioned in subsection (3) once any period specified in subsection (4) which relates to the decision has elapsed.

(3) The decisions are—

(a) a decision of the OFT that the Chapter I prohibition or the Chapter II prohibition has been infringed;

(b) a decision of the OFT that the prohibition in [F4 Article 101(1) or Article 102] of the Treaty has been infringed;

(c) a decision of the Tribunal (on an appeal from a decision of the OFT) that the Chapter I prohibition or the Chapter II prohibition has been infringed, or that the prohibition in [F5 Article 101(1) or Article 102] of the Treaty has been infringed.

(4) The periods mentioned in subsection (2) are—

(a) in the case of a decision of the OFT, the period during which an appeal may be made to the Tribunal under section 46 or 47 F6 ...;

(b) in the case of a decision of the Tribunal mentioned in subsection (3)(c), the period during which a further appeal may be made under section 49 F7 ...;

(c) in the case of any decision which is the subject of a further appeal, the period during which an appeal may be made to the [F8 Supreme Court] from a decision on the further appeal;

and, where any appeal mentioned in paragraph (a), (b) or (c) is made, the period specified in that paragraph includes the period before the appeal is determined.]

Textual Amendments

F1 S. 58A and cross-heading inserted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 20(1)(2), 279 (with s. 20(2)); S.I. 2003/1397, art. 2(1), Sch.

F2 Words in s. 58A(1)(c) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))

F3 Words in s. 58A(1)(d) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))

F4 Words in s. 58A(3)(b) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))

F5 Words in s. 58A(3)(c) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))

F6 Words in s. 58A(4)(a) repealed (20.7.2007) by The EC Competition Law (Articles 84 and 85) Enforcement (Revocation) Regulations 2007 (S.I. 2007/1846), reg. 1, Sch.

F7 Words in s. 58A(4)(b) repealed (20.7.2007) by The EC Competition Law (Articles 84 and 85) Enforcement (Revocation) Regulations 2007 (S.I. 2007/1846), reg. 1, Sch.

F8 Words in s. 58A(4)(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 65(4); S.I. 2009/1604, art. 2(d)