Competition Act 1998

OFT’s power to investigate.

Power to enter premises under a warrant.

Redress schemes: recovery of costs

Power to enter domestic premises under a warrant

49

• (1) An appeal lies to the appropriate court—

• (a) from a decision of the Tribunal as to the amount of a penalty under section 36;

• (b) from a decision of the Tribunal as to the award of damages or other sum in respect of a claim made in proceedings under section 47A or included in proceedings under section 47B (other than a decision on costs or expenses) or as to the amount of any such damages or other sum; and

• (c) on a point of law arising from any other decision of the Tribunal on an appeal under section 46 or 47.

• (2) An appeal under this section—

• (a) may be brought by a party to the proceedings before the Tribunal or by a person who has a sufficient interest in the matter; and

• (b) requires the permission of the Tribunal or the appropriate court.

• (3) In this section “the appropriate court” means the Court of Appeal or, in the case of an appeal from Tribunal proceedings in Scotland, the Court of Session.

Redress schemes: recovery of costs

7A

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Annual reports

12A

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30A

• (1) A statement made by a person in response to a requirement imposed by virtue of any of sections 26, 27 to 28A and 40ZD may not be used in evidence against him on a prosecution for an offence under section 188 of the Enterprise Act 2002 unless, in the proceedings—

• (a) in giving evidence, he makes a statement inconsistent with it, and

• (b) evidence relating to it is adduced, or a question relating to it is asked, by him or on his behalf.

• (2) A statement by an individual in response to a requirement imposed by virtue of section 26A (a “section 26A statement”) may only be used in evidence against the individual—

• (a) on a prosecution for an offence under section 44, or

• (b) on a prosecution for some other offence in a case falling within subsection (3).

• (3) A prosecution falls within this subsection if, in the proceedings—

• (a) in giving evidence, the individual makes a statement inconsistent with the section 26A statement, and

• (b) evidence relating to the section 26A statement is adduced, or a question relating to it is asked, by or on behalf of the individual.

• (4) A section 26A statement may not be used in evidence against an undertaking with which the individual who gave the statement has a connection on a prosecution for an offence unless the prosecution is for an offence under section 44.

• (5) For the purposes of subsection (4), an individual has a connection with an undertaking if he or she is or was—

• (a) concerned in the management or control of the undertaking, or

• (b) employed by, or otherwise working for, the undertaking.

47A

• (1) A person may make a claim to which this section applies in proceedings before the Tribunal, subject to the provisions of this Act and Tribunal rules.

• (2) This section applies to a claim of a kind specified in subsection (3) which a person who has suffered loss or damage may make in civil proceedings brought in any part of the United Kingdom in respect of an infringement decision or an alleged infringement of—

• (a) the Chapter I prohibition, or

• (b) the Chapter II prohibition,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The claims are—

• (a) a claim for damages;

• (b) any other claim for a sum of money;

• (c) in proceedings in England and Wales or Northern Ireland, a claim for an injunction.

• (3A) This section also applies to a claim for a declaration or, in relation to Scotland, for a declarator which a person may make in respect of an infringement decision or an alleged infringement of the Chapter 1 prohibition or the Chapter 2 prohibition.

• (4) For the purpose of identifying claims which may be made in civil proceedings, any limitation rules or rules relating to prescription that would apply in such proceedings are to be disregarded.

• (5) The right to make a claim in proceedings under this section does not affect the right to bring any other proceedings in respect of the claim.

• (6) In this Part (except in section 49C) “infringement decision” means—

• (a) a decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed, or

• (b) a decision of the Tribunal on an appeal from the decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed.

47B

• (1) Subject to the provisions of this Act and Tribunal rules, proceedings may be brought before the Tribunal combining two or more claims to which section 47A applies (“collective proceedings”).

• (2) Collective proceedings must be commenced by a person who proposes to be the representative in those proceedings.

• (3) The following points apply in relation to claims in collective proceedings—

• (a) it is not a requirement that all of the claims should be against all of the defendants to the proceedings,

• (b) the proceedings may combine claims which have been made in proceedings under section 47A and claims which have not, and

• (c) a claim which has been made in proceedings under section 47A may be continued in collective proceedings only with the consent of the person who made that claim.

• (4) Collective proceedings may be continued only if the Tribunal makes a collective proceedings order.

• (5) The Tribunal may make a collective proceedings order only—

• (a) if it considers that the person who brought the proceedings is a person who, if the order were made, the Tribunal could authorise to act as the representative in those proceedings in accordance with subsection (8), and

• (b) in respect of claims which are eligible for inclusion in collective proceedings.

• (6) Claims are eligible for inclusion in collective proceedings only if the Tribunal considers that they raise the same, similar or related issues of fact or law and are suitable to be brought in collective proceedings.

• (7) A collective proceedings order must include the following matters—

• (a) authorisation of the person who brought the proceedings to act as the representative in those proceedings,

• (b) description of a class of persons whose claims are eligible for inclusion in the proceedings, and

• (c) specification of the proceedings as opt-in collective proceedings or opt-out collective proceedings (see subsections (10) and (11)).

• (8) The Tribunal may authorise a person to act as the representative in collective proceedings—

• (a) whether or not that person is a person falling within the class of persons described in the collective proceedings order for those proceedings (a “class member”), but

• (b) only if the Tribunal considers that it is just and reasonable for that person to act as a representative in those proceedings.

• (9) The Tribunal may vary or revoke a collective proceedings order at any time.

• (10) “Opt-in collective proceedings” are collective proceedings which are brought on behalf of each class member who opts in by notifying the representative, in a manner and by a time specified, that the claim should be included in the collective proceedings.

• (11) “Opt-out collective proceedings” are collective proceedings which are brought on behalf of each class member except—

• (a) any class member who opts out by notifying the representative, in a manner and by a time specified, that the claim should not be included in the collective proceedings, and

• (b) any class member who—

• (i) is not domiciled in the United Kingdom at a time specified, and

• (ii) does not, in a manner and by a time specified, opt in by notifying the representative that the claim should be included in the collective proceedings.

• (12) Where the Tribunal gives a judgment or makes an order in collective proceedings, the judgment or order is binding on all represented persons, except as otherwise specified.

• (13) The right to make a claim in collective proceedings does not affect the right to bring any other proceedings in respect of the claim.

• (14) In this section and in section 47C, “specified” means specified in a direction made by the Tribunal.

Findings of infringements

58A

• (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; or

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

• (i) the appeal and any further appeal in relation to the decision has been decided or has otherwise ended, and

• (ii) the time for appealing against the result of the appeal or further appeal has expired without another appeal having been brought.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

19A

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SCHEDULE 7A

1

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2

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3

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4

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5

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6

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7

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Effect of a decision that the Chapter I prohibition has not been infringed.

Power of CMA to investigate

Power to enter business premises under a warrant.

28A

• (1) On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that—

• (a) there are reasonable grounds for suspecting that there are on or accessible from any domestic premises documents—

• (i) the production of which has been required under section 26; and

• (ii) which have not been produced as required; or

• (b) there are reasonable grounds for suspecting that—

• (i) there are on or accessible from any domestic premises documents which the CMA has power under section 26 to require to be produced; and

• (ii) if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed.

• (2) A warrant under this section shall authorise a named officer of the CMA, and any other of its officers whom the CMA has authorised in writing to accompany the named officer—

• (a) to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;

• (b) to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (“the relevant kind”);

• (c) to take possession of any documents appearing to be of the relevant kind if—

• (i) such action appears to be necessary for preserving the documents or preventing interference with them; or

• (ii) it is not reasonably practicable to take copies of the documents on the premises;

• (d) to take any other steps which appear to be necessary for the purpose mentioned in paragraph (c)(i);

• (e) to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of his knowledge and belief, where it may be found;

• (f) to require any information which is stored in any electronic form and is accessible from the premises ... to be produced in a form—

• (i) in which it can be taken away, and

• (ii) in which it is visible and legible or from which it can readily be produced in a visible and legible form;

• (g) to operate any equipment found on the premises for the purposes of producing such information in such a form;

• (h) to require any person on the premises to give the named officer any assistance the named officer may reasonably require (including for the purposes of paragraphs (f) and (g));

• (i) to take copies of, or take possession of, anything produced in accordance with paragraph (f) or (g) which the named officer considers relates to any matter relevant to the investigation.

• (3) If, in the case of a warrant under subsection (1)(b), the court or (as the case may be) the Tribunal is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant shall also authorise action mentioned in subsection (2) to be taken in relation to any such document.

• (4) A warrant under this section may authorise persons specified in the warrant to accompany the named officer who is executing it.

• (5) Any person entering premises by virtue of a warrant under this section may take with him such equipment as appears to him to be necessary.

• (6) On leaving any premises which he has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.

• (7) A warrant under this section continues in force until the end of the period of one month beginning with the day on which it is issued.

• (8) Any document of which possession is taken under subsection (2)(c) may be retained for a period of three months.

• (8A) An application for a warrant under this section must be made—

• (a) in the case of an application to the court, in accordance with rules of court;

• (b) in the case of an application to the Tribunal, in accordance with Tribunal rules.

• (9) In this section, “domestic premises” means premises (or any part of premises) that are used as a dwelling and are—

• (a) premises also used in connection with the affairs of an undertaking or association of undertakings; or

• (b) premises where documents relating to the affairs of an undertaking or association of undertakings are kept.

31A

• (1) Subsection (2) applies in a case where the CMA has begun an investigation under section 25 but has not made a decision (within the meaning given by section 31(2)).

• (2) For the purposes of addressing the competition concerns it has identified, the CMA may accept from such person (or persons) concerned as it considers appropriate commitments to take such action (or refrain from taking such action) as it considers appropriate.

• (2A) But the CMA may not accept commitments from a person unless it has provided the person with information about the possible consequences of failing to adhere to the commitments.

• (3) At any time when commitments are in force the CMA may accept from the person (or persons) who gave the commitments—

• (a) a variation of them if it is satisfied that the commitments as varied will address its current competition concerns;

• (b) commitments in substitution for them if it is satisfied that the new commitments will address its current competition concerns.

• (4) Commitments under this section—

• (a) shall come into force when accepted; and

• (b) may be released by the CMA where—

• (i) it is requested to do so by the person (or persons) who gave the commitments; or

• (ii) it has reasonable grounds for believing that the competition concerns referred to in subsection (2) or (3) no longer arise.

• (5) The provisions of Schedule 6A to this Act shall have effect with respect to procedural requirements for the acceptance, variation and release of commitments under this section.

31B

• (1) Subsection (2) applies if the CMA has accepted commitments under section 31A (and has not released them).

• (2) In such a case, the CMA shall not—

• (a) continue the investigation,

• (b) make a decision (within the meaning of section 31(2)), or

• (c) give a direction under section 35,

in relation to the agreement or conduct which was the subject of the investigation (but this subsection is subject to subsections (3) and (4)).

• (3) Nothing in subsection (2) prevents the CMA from taking any action in relation to competition concerns which are not addressed by commitments accepted by it.

• (4) Subsection (2) also does not prevent the CMA from continuing the investigation, making a decision, or giving a direction where—

• (a) it has reasonable grounds for believing that there has been a material change of circumstances since the commitments were accepted;

• (b) it has reasonable grounds for suspecting that a person has failed to adhere to one or more of the terms of the commitments; or

• (c) it has reasonable grounds for suspecting that information which led it to accept the commitments was incomplete, false or misleading in a material particular.

• (5) If, pursuant to subsection (4), the CMA makes a decision or gives a direction the commitments are to be treated as released from the date of that decision or direction.

31C

• (1) Where the CMA is reviewing or has reviewed the effectiveness of commitments accepted under section 31A it must, if requested to do so by the Secretary of State, prepare a report of its findings.

• (2) The CMA must—

• (a) give any report prepared by it under subsection (1) to the Secretary of State; and

• (b) publish the report.

31D

• (1) The CMA must prepare and publish guidance as to the circumstances in which it may be appropriate to accept commitments under section 31A.

• (2) The CMA may at any time alter the guidance.

• (3) If the guidance is altered, the CMA must publish it as altered.

• (4) No guidance is to be published under this section without the approval of the Secretary of State.

• (5) The CMA may, after consulting the Secretary of State, choose how it publishes its guidance.

• (6) If the CMA is preparing or altering guidance under this section it must consult such persons as it considers appropriate.

• (7) If the proposed guidance or alteration relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.

• (8) When exercising its discretion to accept commitments under section 31A, the CMA must have regard to the guidance for the time being in force under this section.

31E

• (1) If a person from whom the CMA has accepted commitments fails without reasonable excuse to adhere to the commitments (and has not been released from them), the CMA may apply to the court for an order—

• (a) requiring the defaulter to make good his default within a time specified in the order; or

• (b) if the commitments relate to anything to be done in the management or administration of an undertaking, requiring the undertaking or any of its officers to do it.

• (2) An order of the court under subsection (1) may provide for all the costs of, or incidental to, the application for the order to be borne by—

• (a) the person in default; or

• (b) any officer of an undertaking who is responsible for the default.

• (3) In the application of subsection (2) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.

• (4) In deciding whether and, if so, how to proceed under this section, the CMA must have regard to the statement of policy which was most recently published by it under section 35C at the time of the failure to adhere to the commitments.

62A

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62B

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65A

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65B

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PART 2A — Article 22(1) investigations

65C

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65D

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65E

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65F

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65G

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65H

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65I

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65J

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65K

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65L

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65M

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65N

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75A

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SCHEDULE 6A

PART 1 — PROCEDURAL REQUIREMENTS FOR THE ACCEPTANCE AND VARIATION OF COMMITMENTS

1

Paragraph 2 applies where the CMA proposes to—

• (a) accept any commitments under section 31A; or

• (b) accept any variation of such commitments other than a variation which is not material in any respect.

2

• (1) Before accepting the commitments or variation, the CMA must—

• (a) give notice under this paragraph; and

• (b) consider any representations made in accordance with the notice and not withdrawn.

• (2) A notice under this paragraph must state—

• (a) that the CMA proposes to accept the commitments or variation;

• (b) the purpose of the commitments or variation and the way in which the commitments or variation would meet the CMA's competition concerns;

• (c) any other facts which the CMA considers are relevant to the acceptance or variation of the commitments; and

• (d) the period within which representations may be made in relation to the proposed commitments or variation.

• (3) The period stated for the purposes of sub-paragraph (2)(d) must be at least 11 working days starting with the date the notice is given or, if that date is not a working day, with the date of the first working day after that date.

3

• (1) The CMA must not accept the commitments or variation of which notice has been given under paragraph 2(1) with modifications unless it—

• (a) gives notice under this paragraph of the proposed modifications; and

• (b) considers any representations made in accordance with the notice and not withdrawn.

• (2) A notice under this paragraph must state—

• (a) the proposed modifications;

• (b) the reasons for them; and

• (c) the period within which representations may be made in relation to the proposed modifications.

• (3) The period stated for the purposes of sub-paragraph (2)(c) must be at least 6 working days starting with the date the notice is given or, if that date is not a working day, with the date of the first working day after that date.

4

If, after giving notice under paragraph 2 or 3 the CMA decides—

• (a) not to accept the commitments or variation concerned, and

• (b) not to proceed by virtue of paragraph 5 or 6,

the CMA must give notice that it has so decided.

5

The requirements of paragraph 3 shall not apply if the CMA —

• (a) has already given notice under paragraph 2 but not under paragraph 3; and

• (b) considers that the modifications which are now being proposed are not material in any respect.

6

The requirements of paragraph 3 shall not apply if the CMA —

• (a) has already given notices under paragraphs 2 and 3; and

• (b) considers that the further modifications which are now being proposed are not material in any respect or do not differ in any material respect from the modifications in relation to which notice was last given under paragraph 3.

7

As soon as practicable after accepting commitments or a variation under section 31A the CMA must publish the commitments or the variation in such manner as the CMA considers appropriate.

8

A notice under paragraph 2 or 3 shall be given by—

• (a) sending a copy of the notice to such person or persons as the CMA considers appropriate for the purpose of bringing the matter to which it relates to the attention of those likely to be affected by it; or

• (b) publishing the notice in such manner as the CMA considers appropriate for the purpose of bringing the matter to which it relates to the attention of those likely to be affected by it.

PART 2 — PROCEDURAL REQUIREMENTS FOR THE RELEASE OF COMMITMENTS

10

Paragraph 11 applies where the CMA proposes to release any commitments under section 31A.

11

• (1) Before releasing the commitments, the CMA must—

• (a) give notice under this paragraph;

• (b) send a copy of the notice to the person (or persons) who gave the commitments; and

• (c) consider any representations made in accordance with the notice and not withdrawn.

• (2) A notice under this paragraph must state—

• (a) the fact that a release is proposed;

• (b) the reasons for it; and

• (c) the period within which representations may be made in relation to the proposed release.

• (3) The period stated for the purposes of sub-paragraph (2)(c) must be at least 11 working days starting with the date the notice is given or, if that date is not a working day, with the date of the first working day after that date.

12

If after giving notice under paragraph 11 the CMA decides not to proceed with the release, it must—

• (a) give notice that it has so decided; and

• (b) send a copy of the notice to the person (or persons) who gave the commitments.

13

As soon as practicable after releasing the commitments, the CMA must—

• (a) publish the release in such manner as it considers appropriate; and

• (b) send a copy of the release to the person (or persons) who gave the commitments.

14

A notice under paragraph 11 or 12 shall be given by—

• (a) sending a copy of the notice to such other person or persons as the CMA considers appropriate for the purpose of bringing the matter to which it relates to the attention of those likely to be affected by it; or

• (b) publishing the notice in such manner as the CMA considers appropriate for the purpose of bringing the matter to which it relates to the attention of those likely to be affected by it.

3A

• (1) This paragraph applies to—

• (a) any appeal under section 46 against, or with respect to, a decision of the kind specified in subsection (3)(g) , (h), (ha) or (hb) of that section, and

• (b) any appeal under section 47(1)(b) , (c), (d) or (e).

• (2) The Tribunal must, by reference to the grounds of appeal set out in the notice of appeal, determine the appeal by applying the same principles as would be applied by a court on an application for judicial review.

• (3) The Tribunal may—

• (a) dismiss the appeal or quash the whole or part of the decision to which it relates; and

• (b) where it quashes the whole or part of that decision, remit the matter back to the CMA with a direction to reconsider and make a new decision in accordance with the ruling of the Tribunal.

31F

• (1) The Secretary of State may by order impose time-limits in relation to—

• (a) the conduct by the CMA of investigations or investigations of a description specified in the order;

• (b) the making by the CMA of decisions (within the meaning given by section 31(2)) as a result of investigations or investigations of such a description.

• (2) Before making an order under subsection (1), the Secretary of State must consult the CMA and such other persons as the Secretary of State considers appropriate.

Civil sanctions: failure to comply with investigative requirements

40A

• (1A) A penalty imposed under section 40ZE(1) is to be of such amount as the CMA considers appropriate.

• (2) A penalty imposed under section 40ZE(1)(a) may be—

• (a) a fixed amount,

• (b) an amount calculated by reference to a daily rate, or

• (c) a combination of a fixed amount and an amount calculated by reference to a daily rate.

• (2A) A penalty imposed under any of section 40ZE(1)(b) to (e) must be a fixed amount.

• (3) A penalty imposed under section 40ZE(1) on a person who is not an undertaking must not—

• (a) in the case of a fixed amount, exceed £30,000;

• (b) in the case of an amount calculated by reference to a daily rate, exceed £15,000 per day;

• (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day ....

• (3A) A penalty imposed under section 40ZE(1) on a person who is an undertaking must not—

• (a) in the case of a fixed amount, exceed 1% of the turnover of the undertaking;

• (b) in the case of an amount calculated by reference to a daily rate, for each day exceed 5% of the daily turnover of the undertaking;

• (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In imposing a penalty by reference to a daily rate—

• (a) no account is to be taken of any days before the service of the provisional penalty notice under section 112(A1) of the Enterprise Act 2002 (as applied by section 40ZE(5)) on the person concerned, and

• (b) unless the CMA determines an earlier date (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the earliest of the days mentioned in subsection (7).

• (7) The days are—

• (a) the day on which the requirement concerned is satisfied;

• (b) the day on which the CMA makes a decision (within the meaning given by section 31(2)) or terminates the investigation in question without making such a decision;

• (c) if the Secretary of State has made an order under section 31F(1)(b) imposing a time-limit on the making of such a decision, the latest day on which such a decision may be made as a result of the investigation in question;

• (d) in a case where the requirement was imposed in connection with the provision by the CMA of assistance to an overseas regulator (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the day on which the overseas regulator no longer requires that assistance.

• (7A) The Secretary of State may by regulations amend subsection (3)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate.

• (8) Before making regulations under subsection (7A), the Secretary of State must consult the CMA and such other persons as the Secretary of State considers appropriate.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) The Secretary of State may by regulations make provision for determining the turnover and daily turnover of an undertaking for the purposes of this section.

• (11) Regulations under subsection (10) may, in particular, make provision as to—

• (a) the amounts which are, or which are not, to be treated as an undertaking’s turnover or daily turnover;

• (b) the date, or dates, by reference to which an undertaking’s turnover, or daily turnover, is to be determined.

• (12) Regulations under subsection (10) may, in particular, make provision enabling the CMA to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (11)).

40B

• (1) The CMA must prepare and publish a statement of policy in relation to the exercise of functions under section 40ZE.

• (2) The CMA must, in particular, include a statement about the considerations relevant to the determination of the nature and amount of any penalty imposed under section 40ZE.

• (3) The CMA may revise its statement of policy and, where it does so, it must publish the revised statement.

• (4) The CMA must consult the Secretary of State and such other persons as it considers appropriate when preparing or revising its statement of policy.

• (5) If the proposed statement of policy or revision relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.

• (5A) A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation of functions

1A

• (1) Rules may provide for the exercise of a function of the CMA under this Part on its behalf—

• (a) by one or more members of the CMA Board (see Part 2 of Schedule 4 to the Enterprise and Regulatory Reform Act 2013);

• (b) by one or more members of the CMA panel (see Part 3 of that Schedule to that Act);

• (c) by one or more members of staff of the CMA;

• (d) jointly by one or more of the persons mentioned in paragraph (a), (b) or (c).

• (2) Sub-paragraph (1) does not apply in relation to any function prescribed in regulations made under section 7(1) of the Civil Aviation Act 1982 (power for Secretary of State to prescribe certain functions of the Civil Aviation Authority which must not be performed on its behalf by any other person).

Oral hearings: procedure

13A

• (1) Rules may make provision as to the procedure to be followed by the CMA in holding oral hearings as part of an investigation.

• (2) Rules may, in particular, make provision as to the appointment of a person mentioned in sub-paragraph (3) who has not been involved in the investigation in question to—

• (a) chair an oral hearing, and

• (b) prepare a report following the hearing and give it to the person who is to exercise on behalf of the CMA its function of making a decision (within the meaning given by section 31(2)) as a result of the investigation.

• (3) The persons are—

• (a) a member of the CMA Board;

• (b) a member of the CMA panel;

• (c) a member of staff of the CMA.

• (4) The report must—

• (a) contain an assessment of the fairness of the procedure followed in holding the oral hearing, and

• (b) identify any other concerns about the fairness of the procedure followed in the investigation which have been brought to the attention of the person preparing the report.

Procedural complaints

13B

• (1) Rules may make provision as to arrangements to be made by the CMA for dealing with complaints about the conduct by the CMA of an investigation.

• (2) Rules may, in particular, make provision as to—

• (a) the appointment of a person mentioned in sub-paragraph (3) who has not been involved in the investigation in question to consider any such complaint;

• (b) the time-table for the consideration of any such complaint.

• (3) The persons are—

• (a) a member of the CMA Board;

• (b) a member of the CMA panel;

• (c) a member of staff of the CMA.

Settling cases

13C

Rules may make provision as to the procedure to be followed in a case where, during an investigation, one or more persons notify the CMA that they accept that there has been an infringement of a kind to which the investigation relates.

25A

• (1) Where the CMA decides to conduct an investigation it may publish a notice which may, in particular—

• (a) state its decision to do so;

• (b) indicate which of subsections (2), (4) and (6) of section 25 the investigation falls under;

• (c) summarise the matter being investigated;

• (d) identify any undertaking whose activities are being investigated as part of the investigation;

• (e) identify the market which is or was affected by the matter being investigated.

• (1A) Where the CMA assists an overseas regulator in carrying out any of its functions which correspond or are similar to the functions of the CMA under this Part (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the CMA may publish a notice which may, in particular—

• (a) state its decision to do so;

• (b) identify the overseas regulator concerned;

• (c) summarise the matter in respect of which the assistance is to be provided;

• (d) identify any undertaking in respect of which the assistance is to be provided;

• (e) identify the market which is or was affected by the matter in respect of which the assistance is to be provided.

• (2) Section 57 does not apply to a notice under subsection (1) or (1A) to the extent that it includes information other than information mentioned in the subsection concerned.

• (3) Subsection (4) applies if—

• (a) the CMA has published a notice under subsection (1) which identifies an undertaking whose activities are being investigated, and

• (b) the CMA subsequently decides (without making a decision within the meaning given by section 31(2)) to terminate the investigation of the activities of the undertaking so identified.

• (4) The CMA must publish a notice stating that the activities of the undertaking in question are no longer being investigated.

26A

• (1) For the purposes of an investigation, the CMA may give notice to an individual ... requiring the individual to answer questions with respect to any matter relevant to the investigation—

• (a) at a place or in a manner (which may be remote) specified in the notice, and

• (b) either at a time so specified or on receipt of the notice.

• (2) The CMA must give a copy of the notice under subsection (1) to any relevant undertaking with which the individual has a current connection at the time the notice is given to the individual.

• (3) The CMA must take such steps as are reasonable in all the circumstances to comply with the requirement under subsection (2) before the time at which the individual is required to answer questions.

• (4) Where the CMA does not comply with the requirement under subsection (2) before the time mentioned in subsection (3), it must comply with that requirement as soon as practicable after that time.

• (5) A notice under subsection (1) must be in writing and must ...—

• (a) indicate the subject matter and purpose of the investigation, and

• (b) include information about the possible consequences of failing to comply with the notice.

• (6) For the purposes of this section, an individual has a current connection with an undertaking if, at the time in question, the individual is—

• (a) concerned in the management or control of the undertaking, or

• (b) employed by, or otherwise working for, the undertaking.

• (7) In this section, a “relevant undertaking” means an undertaking whose activities are being investigated as part of the investigation in question.

General restrictions on disclosure of information.

Director and Secretary of State to have regard to certain matters in relation to the disclosure of information.

47C

• (1) The Tribunal may not award exemplary damages in collective proceedings.

• (2) The Tribunal may make an award of damages in collective proceedings without undertaking an assessment of the amount of damages recoverable in respect of the claim of each represented person.

• (3) Where the Tribunal makes an award of damages in opt-out collective proceedings, the Tribunal must make an order providing for the damages to be paid on behalf of the represented persons to—

• (a) the representative, or

• (b) such person other than a represented person as the Tribunal thinks fit.

• (4) Where the Tribunal makes an award of damages in opt-in collective proceedings, the Tribunal may make an order as described in subsection (3).

• (5) Subject to subsection (6), where the Tribunal makes an award of damages in opt-out collective proceedings, any damages not claimed by the represented persons within a specified period must be paid to the charity for the time being prescribed by order made by the Lord Chancellor under section 194(8) of the Legal Services Act 2007.

• (6) In a case within subsection (5) the Tribunal may order that all or part of any damages not claimed by the represented persons within a specified period is instead to be paid to the representative in respect of all or part of the costs or expenses incurred by the representative in connection with the proceedings.

• (7) The Secretary of State may by order amend subsection (5) so as to substitute a different charity for the one for the time being specified in that subsection.

• (8) A damages-based agreement is unenforceable if it relates to opt-out collective proceedings.

• (9) In this section—

• (a) “charity” means a body, or the trustees of a trust, established for charitable purposes only;

• (b) “damages” (except in the term “exemplary damages”) includes any sum of money which may be awarded by the Tribunal in collective proceedings (other than costs or expenses);

• (c) “damages-based agreement” has the meaning given in section 58AA(3) of the Courts and Legal Services Act 1990.

47D

• (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).

47E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Settlements relating to infringements of competition law

49A

• (1) The Tribunal may, in accordance with this section and Tribunal rules, make an order approving the settlement of claims in collective proceedings (a “collective settlement”) where—

• (a) a collective proceedings order has been made in respect of the claims, and

• (b) the Tribunal has specified that the proceedings are opt-out collective proceedings.

• (2) An application for approval of a proposed collective settlement must be made to the Tribunal by the representative and the defendant in the collective proceedings.

• (3) The representative and the defendant must provide agreed details of the claims to be settled by the proposed collective settlement and the proposed terms of that settlement.

• (4) Where there is more than one defendant in the collective proceedings, “defendant” in subsections (2) and (3) means such of the defendants as wish to be bound by the proposed collective settlement.

• (5) The Tribunal may make an order approving a proposed collective settlement only if satisfied that its terms are just and reasonable.

• (6) On the date on which the Tribunal approves a collective settlement—

• (a) if the period within which persons may opt out of or (in the case of persons not domiciled in the United Kingdom) opt in to the collective proceedings has expired, subsections (8) and (10) apply so as to determine the persons bound by the settlement;

• (b) if that period has not yet expired, subsections (9) and (10) apply so as to determine the persons bound by the settlement.

• (7) If the period within which persons may opt out of the collective proceedings expires on a different date from the period within which persons not domiciled in the United Kingdom may opt in to the collective proceedings, the references in subsection (6) to the expiry of a period are to the expiry of whichever of those periods expires later.

• (8) Where this subsection applies, a collective settlement approved by the Tribunal is binding on all persons falling within the class of persons described in the collective proceedings order who—

• (a) were domiciled in the United Kingdom at the time specified for the purposes of determining domicile in relation to the collective proceedings (see section 47B(11)(b)(i)) and did not opt out of those proceedings, or

• (b) opted in to the collective proceedings.

• (9) Where this subsection applies, a collective settlement approved by the Tribunal is binding on all persons falling within the class of persons described in the collective proceedings order.

• (10) But a collective settlement is not binding on a person who—

• (a) opts out by notifying the representative, in a manner and by a time specified, that the claim should not be included in the collective settlement, or

• (b) is not domiciled in the United Kingdom at a time specified, and does not, in a manner and by a time specified, opt in by notifying the representative that the claim should be included in the collective settlement.

• (11) This section does not affect a person's right to offer to settle opt-in collective proceedings.

• (12) In this section and in section 49B, “specified” means specified in a direction made by the Tribunal.

49B

• (1) The Tribunal may, in accordance with this section and Tribunal rules, make an order approving the settlement of claims (a “collective settlement”) where—

• (a) a collective proceedings order has not been made in respect of the claims, but

• (b) if collective proceedings were brought, the claims could be made at the commencement of the proceedings (disregarding any limitation or prescriptive period applicable to a claim in collective proceedings).

• (2) An application for approval of a proposed collective settlement must be made to the Tribunal by—

• (a) a person who proposes to be the settlement representative in relation to the collective settlement, and

• (b) the person who, if collective proceedings were brought in respect of the claims, would be a defendant in those proceedings (or, where more than one person would be a defendant in those proceedings, such of those persons as wish to be bound by the proposed collective settlement).

• (3) The persons applying to the Tribunal under subsection (2) must provide agreed details of the claims to be settled by the proposed collective settlement and the proposed terms of that settlement.

• (4) The Tribunal may make an order approving a proposed collective settlement (see subsection (8)) only if it first makes a collective settlement order.

• (5) The Tribunal may make a collective settlement order only—

• (a) if it considers that the person described in subsection (2)(a) is a person who, if the order were made, the Tribunal could authorise to act as the settlement representative in relation to the collective settlement in accordance with subsection (7), and

• (b) in respect of claims which, if collective proceedings were brought, would be eligible for inclusion in the proceedings (see section 47B(6)).

• (6) A collective settlement order must include the following matters—

• (a) authorisation of the person described in subsection (2)(a) to act as the settlement representative in relation to the collective settlement, and

• (b) description of a class of persons whose claims fall within subsection (5)(b).

• (7) The Tribunal may authorise a person to act as the settlement representative in relation to a collective settlement—

• (a) whether or not that person is a person falling within the class of persons described in the collective settlement order for that settlement, but

• (b) only if the Tribunal considers that it is just and reasonable for that person to act as the settlement representative in relation to that settlement.

• (8) Where the Tribunal has made a collective settlement order, it may make an order approving a proposed collective settlement only if satisfied that its terms are just and reasonable.

• (9) A collective settlement approved by the Tribunal is binding on all persons falling within the class of persons described in the collective settlement order.

• (10) But a collective settlement is not binding on a person who—

• (a) opts out by notifying the settlement representative, in a manner and by a time specified, that the claim should not be included in the collective settlement, or

• (b) is not domiciled in the United Kingdom at a time specified, and does not, in a manner and by a time specified, opt in by notifying the settlement representative that the claim should be included in the collective settlement.

• (11) In this section, “settlement representative” means a person who is authorised by a collective settlement order to act in relation to a collective settlement.

49C

• (1) A person may apply to the CMA for approval of a redress scheme.

• (2) The CMA may consider an application before the infringement decision to which the redress scheme relates has been made, but may approve the scheme only—

• (a) after that decision has been made, or

• (b) in the case of a decision of the CMA, at the same time as that decision is made.

• (3) In deciding whether to approve a redress scheme, the CMA may take into account the amount or value of compensation offered under the scheme.

• (4) The CMA may approve a redress scheme under subsection (2)(b) subject to a condition or conditions requiring the provision of further information about the operation of the scheme (including about the amount or value of compensation to be offered under the scheme or how this will be determined).

• (5) If the CMA approves a redress scheme subject to such a condition, it may—

• (a) approve the scheme subject to other conditions;

• (b) withdraw approval from the scheme if any conditions imposed under subsection (4) or paragraph (a) are not met;

• (c) approve a redress scheme as a replacement for the original scheme (but may not approve that scheme subject to conditions).

• (6) An approved scheme may not be varied by the CMA or the compensating party.

• (7) But, where the CMA approves a redress scheme subject to a condition of the kind mentioned in subsection (4), subsection (6) does not prevent further information provided in accordance with the condition from forming part of the terms of the scheme.

• (8) The Secretary of State may make regulations relating to the approval of redress schemes, and the regulations may in particular—

• (a) make provision as to the procedure governing an application for approval of a redress scheme, including the information to be provided with the application;

• (b) provide that the CMA may approve a redress scheme only if it has been devised according to a process specified in the regulations;

• (c) provide that the CMA may approve a redress scheme only if it is in a form, or contains terms, specified in the regulations (which may include terms requiring a settlement agreement under the scheme to be in a form, or contain terms, specified in the regulations);

• (d) provide that the CMA may approve a redress scheme only if (so far as the CMA can judge from facts known to it) the scheme is intended to be administered in a manner specified in the regulations;

• (e) describe factors which the CMA may or must take into account, or may not take into account, in deciding whether to approve a redress scheme.

• (9) The CMA must publish guidance with regard to—

• (a) applications for approval of redress schemes,

• (b) the approval of redress schemes, and

• (c) the enforcement of approved schemes, and in particular as to the criteria which the CMA intends to adopt in deciding whether to bring proceedings under section 49E(4).

• (10) Guidance under subsection (9) must be approved by the Secretary of State before it is published.

• (11) In this section and sections 49D and 49E—

• “approved scheme” means a redress scheme approved by the CMA,

• “compensating party” means a person offering compensation under an approved scheme,

• “infringement decision” means a decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed, and

• “redress scheme” means a scheme under which a person offers compensation in consequence of an infringement decision made in respect of that person.

• (12) For the purposes of this section and section 49E, “compensation”—

• (a) may be monetary or non-monetary, and

• (b) may be offered to persons who have not suffered a loss as a result of the infringement decision to which the redress scheme relates.

49D

• (1) The CMA may require a person making an application for approval of a redress scheme to pay some or all of the CMA's reasonable costs relating to the application.

• (2) A requirement to pay costs is imposed by giving that person written notice specifying—

• (a) the amount to be paid,

• (b) how that amount has been calculated, and

• (c) by when that amount must be paid.

• (3) A person required to pay costs under this section may appeal to the Tribunal against the amount.

• (4) Where costs required to be paid under this section relate to an approved scheme, the CMA may withdraw approval from that scheme if the costs have not been paid by the date specified in accordance with subsection (2)(c).

• (5) Costs required to be paid under this section are recoverable by the CMA as a debt.

49E

• (1) A compensating party is under a duty to comply with the terms of an approved scheme (“the duty”).

• (2) The duty is owed to any person entitled to compensation under the terms of the approved scheme.

• (3) Where such a person suffers loss or damage as a result of a breach of the duty, the person may bring civil proceedings before the court for damages, an injunction or interdict or any other appropriate relief or remedy.

• (4) Where the CMA considers that the compensating party is in breach of the duty, the CMA may bring civil proceedings before the court for an injunction or interdict or any other appropriate relief or remedy.

• (5) Subsection (4) is without prejudice to any right that a person has to bring proceedings under subsection (3).

• (6) In any proceedings brought under subsection (3) or (4), it is a defence for the compensating party to show that it took all reasonable steps to comply with the duty.

• (7) Where the CMA considers that it is no longer appropriate for the compensating party to be subject to the duty, the CMA may give notice in writing to that party stating that it is released from the duty.

• (8) Where a person has entered into a settlement agreement with the compensating party, that agreement remains enforceable notwithstanding the release of the compensating party under subsection (7) from the duty.

• (9) In this section “the court” means—

• (a) in England and Wales, the High Court or the county court,

• (b) in Northern Ireland, the High Court or a county court,

• (c) in Scotland, the Court of Session or the sheriff.

3B

• (1) This paragraph applies to an appeal under section 49D(3).

• (2) The Tribunal must determine the appeal on the merits by reference to the grounds of appeal set out in the notice of appeal.

• (3) The Tribunal may—

• (a) approve the amount of costs which is the subject of the appeal, or

• (b) impose a requirement to pay costs of a different amount.

• (4) The Tribunal may also give such directions, or take such other steps, as the CMA could itself have given or taken.

• (5) A requirement imposed by the Tribunal under sub-paragraph (3)(b) has the same effect, and may be enforced in the same manner, as a requirement imposed by the CMA under section 49D.

Claims for loss or damage , or for declaratory relief: proceedings before the Tribunal

Further provision about claims in respect of loss or damage , or for declaratory relief, before a court or the Tribunal

47F

Schedule 8A makes further provision about claims in respect of loss or damage , or for declarations or declarators, before a court or the Tribunal.

Further appeals from the Tribunal

SCHEDULE 8A

Part 1 — Interpretation

1

This Part of this Schedule contains definitions and other provisions about interpretation which apply for the purposes of this Schedule.

Competition law etc

2

• (1) “Competition law” means—

• (a) the Chapter I prohibition, and

• (b) the Chapter II prohibition,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) “Competition claim” means—

• (a) a claim in respect of loss or damage arising from an infringement of competition law (whatever the legal basis of the claim) which is made by or on behalf of—

• (i) the person who suffered the loss or damage, or

• (ii) a person who has acquired that person’s right to make the claim (whether by operation of law or otherwise), or

• (b) a claim for a declaration or a declarator in respect of an infringement of competition law.

• (3) “Competition damages claim” means a competition claim to the extent that it is a claim for damages.

• (4) “Competition proceedings” means proceedings before a court or the Tribunal to the extent that they relate to a competition claim.

• (5) Where the context requires, references to an infringement of competition law and to loss or damage (however expressed) include an alleged infringement and alleged loss or damage.

3

• (1) “Competition authority” means—

• (a) the CMA, and

• (b) a regulator, so far as it exercises functions under Part 1 of this Act concurrently with the CMA,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) “Investigation materials”, in relation to a competition authority, means—

• (a) information prepared by a person (other than a competition authority) for the purpose of an investigation by the competition authority into an infringement of competition law;

• (b) information sent by the competition authority, during the course of such an investigation, to an undertaking which is the subject of the investigation;

• (c) a settlement submission which has been withdrawn.

• (4) Section 58A(3) applies for the purposes of determining when a decision of the CMA or a regulator becomes “final”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

• (1) “Cartel” means an agreement or concerted practice between two or more competitors aimed at—

• (a) co-ordinating their competitive behaviour in a market, or

• (b) otherwise influencing competition in a market,

through practices such as (but not limited to) those listed in sub-paragraph (2).

• (2) Those practices are—

• (a) fixing or co-ordinating purchase or selling prices or other trading conditions, including in relation to intellectual property rights,

• (b) allocating production or sales quotas, and

• (c) sharing markets and customers, including bid-rigging, restrictions of imports or exports or anti-competitive actions against other competitors.

• (3) “Cartel leniency programme” means a programme operated by a competition authority under which—

• (a) an undertaking that has participated in a cartel may provide the competition authority with information about the cartel and the undertaking’s involvement in it, and

• (b) if it does so voluntarily and independently of the other cartel members, the competition authority may give the undertaking immunity from, or a reduction in, a financial penalty which would otherwise be payable by the undertaking for its participation in the cartel.

• (4) “Cartel leniency statement” means a set of information provided, orally or in writing, to a competition authority by or on behalf of a person which—

• (a) consists of information about a cartel and the person’s role in relation to the cartel,

• (b) is provided voluntarily, and

• (c) is provided specifically for the purposes of the competition authority’s cartel leniency programme,

excluding any pre-existing information.

• (5) For the purposes of sub-paragraph (4)—

• (a) “pre-existing information” means information that exists irrespective of a competition authority’s investigations, and

• (b) the fact that information is in a competition authority’s file does not prevent it from being pre-existing information.

• (6) References to a cartel leniency statement include—

• (a) a part of a cartel leniency statement,

• (b) a quotation from a cartel leniency statement,

• (c) all or part of a record of a cartel leniency statement, and

• (d) a copy of all or part of a cartel leniency statement or of a record of such a statement.

• (7) On the application of a claimant in competition proceedings, a court or the Tribunal may, in accordance with procedural rules, determine whether information is a cartel leniency statement.

• (8) For the purposes of making a determination under sub-paragraph (7), the court or the Tribunal may—

• (a) take evidence from the author of the document, and

• (b) obtain assistance from a competition authority,

but may not obtain assistance from anyone else.

5

• (1) “Settlement submission” means a statement made, orally or in writing, to a competition authority by or on behalf of an undertaking—

• (a) which states—

• (i) that the undertaking accepts that it has infringed competition law, or

• (ii) that the undertaking does not accept that it has infringed competition law but will not dispute a decision of the competition authority that it has done so,

• (b) which is made voluntarily, and

• (c) which is made for the sole purpose of allowing the competition authority to follow a simplified or expedited procedure in connection with the infringement.

• (2) References to a settlement submission include—

• (a) a part of a settlement submission,

• (b) a quotation from a settlement submission,

• (c) all or part of a record of a settlement submission, and

• (d) a copy of all or part of a settlement submission or of a record of such a submission.

• (3) On the application of a claimant in competition proceedings, a court or the Tribunal may, in accordance with procedural rules, determine whether a document is a settlement submission.

• (4) For the purposes of making a determination under sub-paragraph (3), the court or the Tribunal may—

• (a) take evidence from the author of the document, and

• (b) obtain assistance from a competition authority,

but may not obtain assistance from anyone else.

6

• (1) “Consensual dispute resolution process” means arbitration, mediation or any other process enabling parties to a dispute to resolve it out of court.

• (2) A dispute is resolved “out of court” even if the process involves a court or the Tribunal approving what the parties agree or declaring their agreement binding.

7

• (1) “Court” means—

• (a) the High Court or the Court of Appeal in England and Wales,

• (b) the sheriff or the Court of Session,

• (c) the High Court or the Court of Appeal in Northern Ireland, or

• (d) the Supreme Court,

except in paragraphs 3(6) and 35.

• (2) “Damages” includes any sum of money (other than costs or expenses) which may be awarded in respect of a competition claim.

• (2A) “Digital markets proceedings” means proceedings under section 101 of the Digital Markets, Competition and Consumer Act 2024 (rights to enforce requirements of Part 1).

• (3) “Procedural rules” means—

• (a) in relation to proceedings before a court, rules of court, and

• (b) in relation to proceedings before the Tribunal, Tribunal rules.

• (4) “Undertaking” includes an association of undertakings.

Part 2 — Passing On

8

For the purposes of this Part of this Schedule—

• (a) there is an overcharge as a result of an infringement of competition law if, when a product or service is acquired directly from the infringer, the price actually paid exceeds the price that would have been paid in the absence of the infringement, and

• (b) there is an underpayment as a result of an infringement of competition law if, when a product or service is provided directly to the infringer, the price actually paid is less than the amount that would have been paid in the absence of the infringement.

9

• (1) Sub-paragraph (2) applies where there is an overcharge as a result of an infringement of competition law and—

• (a) a competition claim within paragraph 2(2)(a) is made in respect of loss or damage which—

• (i) arises, directly or indirectly, from the overcharge, and

• (ii) was suffered by a person who acquired a product or service indirectly from the infringer (“the injured person”), or

• (b) a competition claim within paragraph 2(2)(b) is made in respect of the overcharge.

• (2) The claimant is to be treated as having proved that the overcharge was passed on to the claimant if the claimant proves that—

• (a) the defendant infringed competition law,

• (b) as a result of the infringement, there was an overcharge when a person acquired a product or service directly from the defendant, and

• (c) the claimant subsequently acquired—

• (i) the product or service mentioned in paragraph (b), or

• (ii) a product or service derived from or containing the product or service mentioned in paragraph (b).

• (3) Sub-paragraph (2) does not apply if the defendant proves that the overcharge, or part of it, was not passed on to the claimant.

• (4) Where the claimant is not the injured person, the following are to be read as references to the injured person—

• (a) the second reference to the claimant in the opening words of sub-paragraph (2), and

• (b) the references to the claimant in sub-paragraphs (2)(c) and (3).