Paragraph 11 Burden of proof where an overcharge or underpayment is passed on by the claimantF1
This paragraph applies where—
there is an overcharge or underpayment as a result of an infringement of competition law,
a person makes a competition claim in respect of F2... the overcharge or underpayment, and
in its defence, the defendant claims that the claimant passed on all or part of the overcharge or underpayment to another person.
The defendant has the burden of proving—
that the claimant passed on the overcharge or underpayment, and
the extent to which the claimant did so.
Where the competition claim is made by someone other than F3a person who suffered loss or damage arising directly or indirectly from the overcharge or underpayment (“the injured person”), the references in sub-paragraphs (1)(c) and (2) to the claimant are to be read as references to the injured person.
Annotations
Textual amendments
- F1
Sch. 8A inserted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 1 para. 4 (with Sch. 1 para. 5)
- F2
Words in Sch. 8A para. 11(1)(b) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(6)(a); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
- F3
Words in Sch. 8A para. 11(3) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(6)(b); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
Notes on the whole Act
Textual amendments
- F1
Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1
Notes on Schedule 8A
Textual amendments
- F2
Words in Sch. 8A heading inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(2); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)