Paragraph 40 Effect of consensual settlement for the settling infringerF1

(1)

Where loss or damage arising from an infringement of competition law is the subject of a consensual settlement, the settling complainant ceases to have a right of action against the settling infringer in respect of the loss or damage.

(2)

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

(3)

Sub-paragraphs (1) and (2) do not apply where—

(a)

an undertaking other than the settling infringer is liable to pay damages to the settling complainant in respect of loss or damage which arises from the infringement,

(b)

that undertaking is (or, if there is more than one, those undertakings are) unable to pay damages corresponding to the outstanding amount of the settling complainant’s claim, and

(c)

the settling infringer’s liability for that amount is not expressly excluded by the terms of the consensual settlement.