Schedule 1, paragraph 4(1)

Sub-paragraph (3) applies where— an undertaking participated in an infringement of competition law with one or more other undertakings, throughout the period of the infringement, the undertaking’s share of the relevant market (or, if there was more than one, each relevant market) was less than 5%, but for this paragraph, the undertaking’s liability to pay damages in respect of the infringement (whatever the legal basis of the liability) would irretrievably jeopardise its economic viability and cause its assets to lose all their value, and the undertaking is a small or medium-sized enterprise.

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