Paragraph 15 Liability of immunity recipientsF1
An immunity recipient is not liable (either alone or jointly) to pay damages F3to a person as a result of the cartel infringement (whatever the legal basis of the liability) except where—
the person acquired a product or service that was the object of the cartel infringement directly or indirectly from the immunity recipient,
the person acquired a product or service containing or derived from a product or service that was the object of the cartel infringement indirectly from the immunity recipient,
the person provided a product or service that was the object of the cartel infringement directly or indirectly to the immunity recipient,
a product or service that was the object of the cartel infringement contained or was derived from a product or service provided by the person, or
the person is unable to obtain full compensation for the loss or damage from other undertakings involved in the cartel infringement.
But an immunity recipient is not liable (either alone or jointly) by virtue of sub-paragraph (1)(e) to pay exemplary damages.
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
Sch. 8A para. 15 renumbered as Sch. 8A para. 15(1) (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 126(2)(a)(i), 339(1) (with s. 126(3)-(5)); S.I. 2024/1226, regs. 1(2), 2(1)(2)
- F3
Word in Sch. 8A para. 15(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 126(2)(a)(ii), 339(1) (with s. 126(3)-(5)); S.I. 2024/1226, regs. 1(2), 2(1)(2)
- F4
Sch. 8A para. 15(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 126(2)(a)(iii), 339(1) (with s. 126(3)-(5)); S.I. 2024/1226, regs. 1(2), 2(1)(2)
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)