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Competition Act 1998

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This is the original version (as it was originally enacted).

Meaning of “continuing proceedings”

15(1)For the purposes of this Schedule “continuing proceedings” means proceedings in respect of an application made to the Court under the RTPA or the RPA, but not determined, before the starting date.

(2)But proceedings under section 3 or 26 of the RTPA to which paragraph 11 or 12 applies are not continuing proceedings.

(3)The question whether (for the purposes of Part III, or this Part, of this Schedule) an application has been determined is to be decided in accordance with sub-paragraphs (4) and (5).

(4)If an appeal against the decision on the application is brought, the application is not determined until—

(a)the appeal is disposed of or withdrawn; or

(b)if as a result of the appeal the case is referred back to the Court—

(i)the expiry of the period within which an appeal (“the further appeal”) in respect of the Court’s decision on that reference could have been brought had this Act not been passed; or

(ii)if later, the date on which the further appeal is disposed of or withdrawn.

(5)Otherwise, the application is not determined until the expiry of the period within which any party to the application would have been able to bring an appeal against the decision on the application had this Act not been passed.

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