SCHEDULE 4Saving and transitional provision

PART 6Court and tribunal proceedings relating to competition

Claims before a court or tribunal relating to F1pre-IP completion day EU competition infringementsI114

F31

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2

Where an EU competition infringement occurs before F2IP completion day, on and after F2IP completion day a person may—

a

continue any claim (or defence to a claim) in relation to that infringement in proceedings before a court or tribunal in the United Kingdom, and

b

make any claim (or defence to a claim) in relation to that infringement in proceedings before a court or tribunal in the United Kingdom which the person could have made before F2IP completion day.

3

The reference in sub-paragraph (2)(b) to a claim which a person could have made before F2IP completion day includes a claim which the person could have made if any loss or damage to which the claim relates had arisen before F2IP completion day (whether or not it did so).

4

Where a person has acquired the right to make a claim from another person (whether by operation of law or otherwise), the reference in sub-paragraph (2)(b) to a claim which a person could have made before F2IP completion day includes a claim which that other person could have made before F2IP completion day.