SCHEDULES

SCHEDULE 8Private actions in competition law

PART 1Competition Act 1998

I17

After section 47C (inserted by paragraph 6) insert—

47DProceedings under section 47A or collective proceedings: injunctions etc.

1

An injunction granted by the Tribunal in proceedings under section 47A or in collective proceedings—

a

has the same effect as an injunction granted by the High Court, and

b

is enforceable as if it were an injunction granted by the High Court.

2

In deciding whether to grant an injunction in proceedings under section 47A or in collective proceedings, the Tribunal must—

a

in proceedings in England and Wales, apply the principles which the High Court would apply in deciding whether to grant an injunction under section 37(1) of the Senior Courts Act 1981, and

b

in proceedings in Northern Ireland, apply the principles that the High Court would apply in deciding whether to grant an injunction.

3

Subsection (2) is subject to Tribunal rules which make provision of the kind mentioned in paragraph 15A(3) of Schedule 4 to the Enterprise Act 2002 (undertakings as to damages in relation to claims subject to the fast-track procedure).