SCHEDULES

F1SCHEDULE 8AFurther Provision about Claims in Respect of Loss or Damage Before a Court or the Tribunal

Annotations:

Part 2Passing On

11Burden of proof where an overcharge or underpayment is passed on by the claimant

1

This paragraph applies where—

a

there is an overcharge or underpayment as a result of an infringement of competition law,

b

a person makes a competition claim in respect of loss or damage which arises, directly or indirectly, from the overcharge or underpayment, and

c

in its defence, the defendant claims that the claimant passed on all or part of the overcharge or underpayment to another person.

2

The defendant has the burden of proving—

a

that the claimant passed on the overcharge or underpayment, and

b

the extent to which the claimant did so.

3

Where the competition claim is made by someone other than the person who suffered the loss or damage (“the injured person”), the references in sub-paragraphs (1)(c) and (2) to the claimant are to be read as references to the injured person.