Defined terms — The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017
United Kingdom · uksi/2017/385 · 324 provisions
36 defined in this instrument.
Cartel — an agreement or concerted practice between two or more competitors aimed at—
through practices such as (but not limited to) those listed in sub-paragraph (2).
co-ordinating their competitive behaviour in a market, or
otherwise influencing competition in a market Schedule 1, paragraph 4(1)
Cartel — an agreement or concerted practice between two or more competitors aimed at—
through practices such as (but not limited to) those listed in sub-paragraph (2).
co-ordinating their competitive behaviour in a market, or
otherwise influencing competition in a market Schedule 1, paragraph 4(1)
Cartel leniency programme — a programme operated by a competition authority under which—
an undertaking that has participated in a cartel may provide the competition authority with information about the cartel and the undertaking’s involvement in it, and
if it does so voluntarily and independently of the other cartel members, the competition authority may give the undertaking immunity from, or a reduction in, a financial penalty which would otherwise be payable by the undertaking for its participation in the cartel Schedule 1, paragraph 4(3)
Cartel leniency programme — a programme operated by a competition authority under which—
an undertaking that has participated in a cartel may provide the competition authority with information about the cartel and the undertaking’s involvement in it, and
if it does so voluntarily and independently of the other cartel members, the competition authority may give the undertaking immunity from, or a reduction in, a financial penalty which would otherwise be payable by the undertaking for its participation in the cartel Schedule 1, paragraph 4(3)
Cartel leniency statement — a set of information provided, orally or in writing, to a competition authority by or on behalf of a person which—
excluding any pre-existing information.
consists of information about a cartel and the person’s role in relation to the cartel,
is provided voluntarily, and
is provided specifically for the purposes of the competition authority’s cartel leniency programme Schedule 1, paragraph 4(4)
Cartel leniency statement — a set of information provided, orally or in writing, to a competition authority by or on behalf of a person which—
excluding any pre-existing information.
consists of information about a cartel and the person’s role in relation to the cartel,
is provided voluntarily, and
is provided specifically for the purposes of the competition authority’s cartel leniency programme Schedule 1, paragraph 4(4)
Competition authority — —
the CMA,
a regulator, so far as it exercises functions under Part 1 of this Act concurrently with the CMA,
the Commission, and
a member State competition authority Schedule 1, paragraph 3(1)
Competition authority — —
the CMA,
a regulator, so far as it exercises functions under Part 1 of this Act concurrently with the CMA,
the Commission, and
a member State competition authority Schedule 1, paragraph 4(1)
Competition claim — a claim in respect of loss or damage arising from an infringement of competition law (whatever the legal basis of the claim) which is made by or on behalf of—
the person who suffered the loss or damage, or
a person who has acquired that person’s right to make the claim (whether by operation of law or otherwise) Schedule 1, paragraph 2(2)
Competition claim — a claim in respect of loss or damage arising from an infringement of competition law (whatever the legal basis of the claim) which is made by or on behalf of—
the person who suffered the loss or damage, or
a person who has acquired that person’s right to make the claim (whether by operation of law or otherwise) Schedule 1, paragraph 4(2)
Competition damages claim — a competition claim to the extent that it is a claim for damages Schedule 1, paragraph 2(3)
Competition damages claim — a competition claim to the extent that it is a claim for damages Schedule 1, paragraph 4(3)
Competition law — —
the Chapter I prohibition,
the Chapter II prohibition,
the prohibition in Article 101(1), and
the prohibition in Article 102 Schedule 1, paragraph 2(1)
Competition law — —
the Chapter I prohibition,
the Chapter II prohibition,
the prohibition in Article 101(1), and
the prohibition in Article 102 Schedule 1, paragraph 4(1)
Competition proceedings — proceedings before a court or the Tribunal to the extent that they relate to a competition claim Schedule 1, paragraph 2(4)
Competition proceedings — proceedings before a court or the Tribunal to the extent that they relate to a competition claim Schedule 1, paragraph 4(4)
Consensual dispute resolution process — arbitration, mediation or any other process enabling parties to a dispute to resolve it out of court Schedule 1, paragraph 4(1)
Consensual dispute resolution process — arbitration, mediation or any other process enabling parties to a dispute to resolve it out of court Schedule 1, paragraph 6(1)
consensual settlement — an agreement relating to a dispute about loss or damage arising from an infringement of competition law which—
is reached through a consensual dispute resolution process,
is made between—
an infringer or a person who has acquired an infringer’s liability in respect of the infringement (whether by operation of law or otherwise) (“the settling infringer”), and
a person who suffered the loss or damage or a person who has acquired such a person’s right to make a claim in respect of the loss or damage (whether by operation of law or otherwise) (“the settling complainant”), and
entirely resolves the dispute between the settling infringer and the settling complainant Schedule 1, paragraph 37
consensual settlement — an agreement relating to a dispute about loss or damage arising from an infringement of competition law which—
is reached through a consensual dispute resolution process,
is made between—
an infringer or a person who has acquired an infringer’s liability in respect of the infringement (whether by operation of law or otherwise) (“the settling infringer”), and
a person who suffered the loss or damage or a person who has acquired such a person’s right to make a claim in respect of the loss or damage (whether by operation of law or otherwise) (“the settling complainant”), and
entirely resolves the dispute between the settling infringer and the settling complainant.
This paragraph applies in relation to proceedings to recover contribution under section 1 of the Civil Liability (Contribution) Act 1978 or section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 where contribution is to be recovered in respect of loss or damage suffered by a person as a result of an infringement of competition law.
The amount of contribution that one person liable in respect of the loss or damage may recover from another must be determined in the light of their relative responsibility… Schedule 1, paragraph 4
Court — —
except in paragraphs 3(6) and 35.
the High Court or the Court of Appeal in England and Wales,
the sheriff or the Court of Session,
the High Court or the Court of Appeal in Northern Ireland, or
the Supreme Court Schedule 1, paragraph 4(1)
Court — —
except in paragraphs 3(6) and 35.
the High Court or the Court of Appeal in England and Wales,
the sheriff or the Court of Session,
the High Court or the Court of Appeal in Northern Ireland, or
the Supreme Court Schedule 1, paragraph 7(1)
member State competition authority — an authority designated by a member State other than the United Kingdom, under Article 35 of the EC Competition Regulation, as being responsible for the application of Article 101 and Article 102 of the Treaty Schedule 1, paragraph 3(2)
member State competition authority — an authority designated by a member State other than the United Kingdom, under Article 35 of the EC Competition Regulation, as being responsible for the application of Article 101 and Article 102 of the Treaty Schedule 1, paragraph 4(2)
pre-existing information — information that exists irrespective of a competition authority’s investigations, and
the fact that information is in a competition authority’s file does not prevent it from being pre-existing information Schedule 1, paragraph 4(5)
pre-existing information — information that exists irrespective of a competition authority’s investigations, and
the fact that information is in a competition authority’s file does not prevent it from being pre-existing information Schedule 1, paragraph 4(5)
Procedural rules — —
in relation to proceedings before a court, rules of court, and
in relation to proceedings before the Tribunal, Tribunal rules Schedule 1, paragraph 4(3)
Procedural rules — —
in relation to proceedings before a court, rules of court, and
in relation to proceedings before the Tribunal, Tribunal rules Schedule 1, paragraph 7(3)
Review court — a court of a member State other than the United Kingdom which—
and paragraph 3(5) (when a decision becomes final) applies in relation to a decision of a review court as it applies in relation to a decision of a member State competition authority.
hears appeals in connection with a decision of a competition authority of the member State that there has been an infringement of Article 101(1) or Article 102, or
reviews judgments made by another court of the member State in connection with such decisions Schedule 1, paragraph 35(2)
Review court — a court of a member State other than the United Kingdom which—
and paragraph 3(5) (when a decision becomes final) applies in relation to a decision of a review court as it applies in relation to a decision of a member State competition authority.
hears appeals in connection with a decision of a competition authority of the member State that there has been an infringement of Article 101(1) or Article 102, or
reviews judgments made by another court of the member State in connection with such decisions Schedule 1, paragraph 4(2)
Settlement submission — a statement made, orally or in writing, to a competition authority by or on behalf of an undertaking—
which states—
that the undertaking accepts that it has infringed competition law, or
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,
which is made voluntarily, and
which is made for the sole purpose of allowing the competition authority to follow a simplified or expedited procedure in connection with the infringement Schedule 1, paragraph 4(1)
Settlement submission — a statement made, orally or in writing, to a competition authority by or on behalf of an undertaking—
which states—
that the undertaking accepts that it has infringed competition law, or
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,
which is made voluntarily, and
which is made for the sole purpose of allowing the competition authority to follow a simplified or expedited procedure in connection with the infringement Schedule 1, paragraph 5(1)
small or medium-sized enterprise — a small or medium-sized enterprise as defined in the Annex to Commission Recommendation (EC) No. 2003/361 of 6 May 2003 Schedule 1, paragraph 12(5)
small or medium-sized enterprise — a small or medium-sized enterprise as defined in the Annex to Commission Recommendation (EC) No. 2003/361 of 6 May 2003 Schedule 1, paragraph 4(5)
the relevant day — the day on which the Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 come into force Schedule 1, paragraph 4
the relevant day — the day on which the Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 come into force Schedule 1, paragraph 44