OpenLegislation

Paragraph 39 Effect of consensual settlement on the amount of a claimF1

(1)

Where loss or damage arising from an infringement of competition law is the subject of—

(a)

a consensual settlement, and

(b)

a competition damages claim by the settling complainant,

the amount of the settling complainant’s claim is reduced by the settling infringer’s share of the loss or damage.

(2)

Sub-paragraph (1) has effect regardless of the terms of the consensual settlement.

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)

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)