SCHEDULE 2MINOR AND CONSEQUENTIAL AMENDMENTS

Competition Act 1998 (c. 41)8

1

Section 58A34 (infringement decisions) is amended as follows.

2

In subsection (3), for paragraphs (b) to (d) substitute—

or

b

where an appeal has been brought against the decision, when—

i

the appeal and any further appeal in relation to the decision has been decided or has otherwise ended, and

ii

the time for appealing against the result of the appeal or further appeal has expired without another appeal having been brought.

3

In subsection (4), for paragraph (b) substitute—

b

where such an appeal has been brought against the decision, when—

i

the appeal and any further appeal in the European Court in relation to the decision has been decided or has otherwise ended, and

ii

the time for appealing against the result of the appeal or further appeal in the European Court has expired without another appeal having been brought.

4

The amendments made by this paragraph apply only in relation to a claim in respect of an infringement decision in relation to which the first proceedings before a court or the Tribunal began on or after the day on which these Regulations come into force.