60 Principles to be applied in determining questions.U.K.
(1)The purpose of this section is to ensure that so far as is possible (having regard to any relevant differences between the provisions concerned), questions arising under this Part in relation to competition within the United Kingdom are dealt with in a manner which is consistent with the treatment of corresponding questions arising in Community law in relation to competition within the Community.
(2)At any time when the court determines a question arising under this Part, it must act (so far as is compatible with the provisions of this Part and whether or not it would otherwise be required to do so) with a view to securing that there is no inconsistency between—
(a)the principles applied, and decision reached, by the court in determining that question; and
(b)the principles laid down by the Treaty and the European Court, and any relevant decision of that Court, as applicable at that time in determining any corresponding question arising in Community law.
(3)The court must, in addition, have regard to any relevant decision or statement of the Commission.
(4)Subsections (2) and (3) also apply to—
(a)the [F1OFT]; and
(b)any person acting on behalf of the [F1OFT], in connection with any matter arising under this Part.
(5)In subsections (2) and (3), “court” means any court or tribunal.
(6)In subsections (2)(b) and (3), “decision” includes a decision as to—
(a)the interpretation of any provision of Community law;
(b)the civil liability of an undertaking for harm caused by its infringement of Community law.
Textual Amendments
F1Word in s. 60 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(45); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Modifications etc. (not altering text)
C1S. 60 applied by 1986 c. 46, s. 9A(11) (as inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 204(2), 279; S.I. 2003/1397, art. 2(1), Sch.)