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Schedule 1, paragraph 41

Where— that undertaking may not recover contribution from the settling infringer in respect of the loss or damage under section 1 of the Civil Liability (Contribution) Act 1978 or section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940. loss or damage arising from an infringement of competition law is the subject of a consensual settlement, it is also the subject of a competition damages claim by the settling complainant, and an undertaking other than the settling infringer is liable to pay damages to the settling complainant in respect of the loss or damage that is the subject of the claim, Sub-paragraph (1) has effect regardless of the terms of the consensual settlement. The following have effect subject to this paragraph— section 1 of the Civil Liability (Contribution) Act 1978; section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.

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