Schedule 8A, Part 2, paragraph 10

Sub-paragraph (2) applies where there is an underpayment as a result of an infringement of competition law and— a competition claim within paragraph 2(2)(a) is made in respect of loss or damage which— arises, directly or indirectly, from the underpayment, and was suffered by a person who provided a product or service indirectly to the infringer (“the injured person”), or a competition claim within paragraph 2(2)(b) is made in respect of the underpayment. The claimant is to be treated as having proved that the underpayment was passed on to the claimant if the claimant proves that— the defendant infringed competition law, as a result of the infringement, there was an underpayment when a person provided a product or service directly to the defendant, and the product or service mentioned in paragraph (b)— was provided to the person by the claimant, or contained or was derived from a product or service provided by the claimant. Sub-paragraph (2) does not apply if the defendant proves that the underpayment, or part of it, was not passed on to the claimant. Where the claimant is not the injured person, the following are to be read as references to the injured person— the second reference to the claimant in the opening words of sub-paragraph (2), and the references to the claimant in sub-paragraphs (2)(c) and (3). Where the defendant is not the infringer, the references in sub-paragraph (2)(a) and (b) to the defendant are to be read as references to the infringer.

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Source: legislation.gov.uk · retrieved 2026-09-04