Paragraph 5 Settlement submission to a competition authorityF1

(1)

“Settlement submission” means a statement made, orally or in writing, to a competition authority by or on behalf of an undertaking—

(a)

which states—

(i)

that the undertaking accepts that it has infringed competition law, or

(ii)

that the undertaking does not accept that it has infringed competition law but will not dispute a decision of the competition authority that it has done so,

(b)

which is made voluntarily, and

(c)

which is made for the sole purpose of allowing the competition authority to follow a simplified or expedited procedure in connection with the infringement.

(2)

References to a settlement submission include—

(a)

a part of a settlement submission,

(b)

a quotation from a settlement submission,

(c)

all or part of a record of a settlement submission, and

(d)

a copy of all or part of a settlement submission or of a record of such a submission.

(3)

On the application of a claimant in competition proceedings, a court or the Tribunal may, in accordance with procedural rules, determine whether a document is a settlement submission.

(4)

For the purposes of making a determination under sub-paragraph (3), the court or the Tribunal may—

(a)

take evidence from the author of the document, and

(b)

obtain assistance from a competition authority,

but may not obtain assistance from anyone else.

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)