OpenLegislation

Paragraph 7A Appropriate level of a penaltyI1F1

(1)

This paragraph applies where—

(a)

before IP completion day, a penalty or a fine has been imposed by the European Commission, or a court or other body in another Member State, in respect of an agreement or conduct; or

(b)

on or after IP completion day, a penalty or fine has been imposed by the European Commission in respect of an agreement or conduct in relation to which it has continued competence in accordance with Article 92 of the EU withdrawal agreement.

(2)

The CMA, the Tribunal or the appropriate court must take that penalty or fine into account when setting the amount of penalty under Part 1 of the 1998 Act in relation to that agreement or conduct.

(3)

In sub-paragraph (2), “the appropriate court” means—

(a)

in relation to England and Wales, the Court of Appeal;

(b)

in relation to Scotland, the Court of Session;

(c)

in relation to Northern Ireland, the Court of Appeal in Northern Ireland;

(d)

the Supreme Court.

Annotations

Textual amendments

F1

Sch. 4 para. 7A inserted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 36(4)

Commencement

I1

Sch. 4 para. 7A 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)