OpenLegislation

Paragraph 14 Claims before a court or tribunal relating to pre-IP completion day EU competition infringementsF3I1

United Kingdom

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

Where an EU competition infringement occurs before F2IP completion day, on and after IP completion day a person may—

(a)

continue any claim (or defence to a claim) in relation to that infringement in proceedings before a court or tribunal in the United Kingdom, and

(b)

make any claim (or defence to a claim) in relation to that infringement in proceedings before a court or tribunal in the United Kingdom which the person could have made before IP completion day.

(3)

The reference in sub-paragraph (2)(b) to a claim which a person could have made before IP completion day includes a claim which the person could have made if any loss or damage to which the claim relates had arisen before IP completion day (whether or not it did so).

(4)

Where a person has acquired the right to make a claim from another person (whether by operation of law or otherwise), the reference in sub-paragraph (2)(b) to a claim which a person could have made before IP completion day includes a claim which that other person could have made before IP completion day.

Annotations

Textual amendments

F1

Sch. 4 para. 14(1) omitted (31.12.2020 immediately before IP completion day) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 39(4)(a)

F2

Words in Sch. 4 para. 14 substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 39(4)(b)

F3

Words in Sch. 4 para. 14 heading substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 39(3)

Commencement

I1

Sch. 4 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)