Part I Competition

Chapter V Miscellaneous

F1Findings of infringements

58A Findings of infringements

(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 F2Article 101(1) of the Treaty;

(d)

the prohibition in F3Article 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 F4CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed;

(b)

a decision of the F4CMA that the prohibition in F5Article 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 F4CMA) that the Chapter I prohibition or the Chapter II prohibition has been infringed, or that the prohibition in F6Article 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 F4CMA, the period during which an appeal may be made to the Tribunal under section 46 or 47 F7...;

(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 F8...;

(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 F9Supreme 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.