Paragraph 41 Effect of consensual settlement on contribution between defendantsF1

(1)

Where—

(a)

loss or damage arising from an infringement of competition law is the subject of a consensual settlement,

(b)

it is also the subject of a competition damages claim by the settling complainant, and

(c)

an undertaking other than the settling infringer is liable to pay damages to the settling complainant in respect of the loss or damage that is the subject of the claim,

that undertaking may not recover contribution from the settling infringer in respect of the loss or damage under section 1 of the Civil Liability (Contribution) Act 1978 or section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.

(2)

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

(3)

The following have effect subject to this paragraph—

(a)

section 1 of the Civil Liability (Contribution) Act 1978;

(b)

section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.

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)