Part 2The Competition Appeal Tribunal

The Competition Appeal Tribunal

16 Transfers of certain proceedings to and from Tribunal

1

The Lord Chancellor may by regulations—

a

make provision enabling the court—

i

to transfer to the Tribunal for its determination so much of any proceedings before the court as relates to an infringement issue; and

ii

to give effect to the determination of that issue by the Tribunal; and

b

make such incidental, supplementary, consequential, transitional or saving provision as the Lord Chancellor may consider appropriate.

2

The power to make regulations under subsection (1) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

3

Rules of court may prescribe the procedure to be followed in connection with a transfer mentioned in subsection (1).

4

The court may transfer to the Tribunal, in accordance with rules of court, so much of any proceedings before it as relates to a claim to which section 47A of the 1998 Act applies.

5

Rules of court may make provision in connection with the transfer from the Tribunal to the F2court of all or any part of a claim made in proceedings under section 47A of the 1998 Act.

6

In this section—

  • “the court” means—

    1. a

      the High Court F1or the county court; or

    2. b

      the Court of Session or a sheriff court; and

  • F3“infringement issue” means any question relating to whether or not an infringement of the Chapter I prohibition or the Chapter II prohibition has been or is being committed;

but otherwise any terms used in this section and Part 1 of the 1998 Act have the same meaning as they have in that Part.