Competition Act 1998

[F1 58A Infringement decisions U.K.

(1) This section applies to a claim in respect of an infringement decision which is brought in proceedings—

(a) before the court, or

(b) before the Tribunal under section 47A or 47B.

(2) The court or the Tribunal is bound by the infringement decision once it has become final.

(3) An infringement decision specified in section 47A(6)(a) or (b) becomes final—

(a) when the time for appealing against that decision expires without an appeal having been brought;

(b) where the decision is specified in section 47A(6)(a) and an appeal has been brought against the decision under section 46 or 47, when that appeal—

(i) has been withdrawn, dismissed or otherwise discontinued, or

(ii) has confirmed the infringement decision and the time for making any further appeal against that confirmatory decision expires without a further appeal having been brought;

(c) where an appeal has been brought in relation to the decision under section 49, when that appeal—

(i) in the case of an appeal against the infringement decision or against a decision which confirmed the infringement decision, has been withdrawn, dismissed or otherwise discontinued, or

(ii) has confirmed the infringement decision and the time for making any further appeal to the Supreme Court against that confirmatory decision expires without a further appeal having been brought; or

(d) where an appeal has been brought to the Supreme Court in relation to the decision, when that appeal—

(i) in the case of an appeal against a decision which confirmed the infringement decision, has been withdrawn, dismissed or otherwise discontinued, or

(ii) has confirmed the infringement decision.

(4) An infringement decision specified in section 47A(6)(c) becomes final—

(a) when the time for appealing against that decision in the European Court expires without an appeal having been brought; or

(b) where such an appeal has been brought against the decision, when that appeal—

(i) has been withdrawn, dismissed or otherwise discontinued, or

(ii) has confirmed the infringement decision.

(5) This section applies to the extent that the court or the Tribunal would not otherwise be bound by the infringement decision in question.

(6) 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

F1 S. 58A substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 14(1) (with Sch. 8 para. 14(2)); S.I. 2015/1630, art. 3(j)