OpenLegislation

Paragraph 21 Suspension during investigation by competition authorityF1

(1)

Where a competition authority investigates an infringement of competition law, the period of the investigation is not to be counted when calculating whether the limitation or prescriptive period for a competition claim F2... arising from the infringement has expired.

(2)

The period of an investigation by a competition authority begins when the competition authority takes the first formal step in the investigation.

C1(3)

The period of an investigation by a competition authority ends—

(a)

if the competition authority makes a decision in relation to the infringement as a result of the investigation, at the end of the period of one year beginning with the day on which the decision becomes final, and

(b)

otherwise, at the end of the period of one year beginning with the day on which the competition authority closes the investigation.

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. 21(1) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(9); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)

Modifications

C1

Sch. 8A para. 21(3) modified (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 4 para. 7(4)(b) (as amended by S.I. 2020/1343, reg. 36(3)(d)); 2020 c. 1, Sch. 5 para. 1(1)

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)