OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

These Rules amend the Competition Appeal Tribunal Rules 2015 (S.I. 2015/1648) (“the CAT Rules”) to insert procedural requirements for claims brought in the Competition Appeal Tribunal (“the Tribunal”) under section 101 of the Digital Markets, Competition and Consumers Act 2024 (c. 13) (“the 2024 Act”). A person may bring a claim under section 101 of the 2024 Act where they sustain loss or damage as a result of a breach of a requirement imposed by the Competition and Markets Authority (“the CMA”) under Part 1 of the 2024 Act on an undertaking designated by the CMA as having strategic market status in respect of a digital activity.

Rules 3 to 5 make consequential amendments to the CAT Rules in relation to claims under section 101 of the 2024 Act.

Rule 6 inserts a new Part 4A into the CAT Rules dealing with claims under section 101 of the 2024 Act. Part 4A includes the following provisions. Rules 72A and 72B make technical provision for the application and interpretation of Part 4A, and for its interaction with other provisions of the CAT Rules. Rule 72C requires that the CMA notify the parties and the Tribunal when it is investigating issues the same as, or similar to, those raised by a claim under section 101 of the 2024 Act. Rule 72D requires that the CMA apply for a stay of proceedings where it is investigating such issues, or notify the parties and the Tribunal that it does not consider that the proceedings should be stayed. Rule 72E makes provision for the Tribunal’s determination of whether to order a stay. Rule 72F requires the CMA to notify the parties and the Tribunal where a CMA breach decision becomes final within the meaning of section 102(2) of the 2024 Act.

Rule 7 makes a further consequential amendment to the CAT Rules to refer to claims under section 101 of the 2024 Act.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An impact assessment was produced for the 2024 Act and is available from the Department for Business and Trade at Old Admiralty Building, Admiralty Place, London SW1A 2DY.