# Competition Act 1998, Paragraph 11: Burden of proof where an overcharge or underpayment is passed on by the claimant


(1) This paragraph applies where—
(a) there is an overcharge or underpayment as a result of an infringement of competition law,
(b) a person makes a competition claim in respect of ... the overcharge or underpayment, and
(c) in its defence, the defendant claims that the claimant passed on all or part of the overcharge or underpayment to another person.
(2) The defendant has the burden of proving—
(a) that the claimant passed on the overcharge or underpayment, and
(b) the extent to which the claimant did so.
(3) Where the competition claim is made by someone other than a 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.

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Source: https://www.legislation.gov.uk/ukpga/1998/41/schedule/8A/paragraph/11 (the official version)
Page: https://openlegislation.uk/competition-act-1998/schedule-8A/paragraph-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.