The Competition (Amendment etc.) (EU Exit) Regulations 2019

Claims before a court or tribunal relating to pre-exit day EU competition infringements

14.—(1) In this paragraph, “EU competition infringement” means an infringement or alleged infringement of—

(a) the prohibition in Article 101(1) of the Treaty on the Functioning of European Union,

(b) the prohibition in Article 102 of that Treaty,

(c) the prohibition in Article 53 of the European Economic Area Agreement, or

(d) the prohibition in Article 54 of that Agreement.

(2) Where an EU competition infringement occurs before exit day, on and after exit day a person may—

(a) continue any claim (or defence to a claim) in relation to that infringement in proceedings before a court or tribunal in the United Kingdom, and

(b) make any claim (or defence to a claim) in relation to that infringement in proceedings before a court or tribunal in the United Kingdom which the person could have made before exit day.

(3) The reference in sub-paragraph (2)(b) to a claim which a person could have made before exit day includes a claim which the person could have made if any loss or damage to which the claim relates had arisen before exit day (whether or not it did so).

(4) Where a person has acquired the right to make a claim from another person (whether by operation of law or otherwise), the reference in sub-paragraph (2)(b) to a claim which a person could have made before exit day includes a claim which that other person could have made before exit day.