In this Part—

• F8"agreement" is to be read with section 2(5) and (6);

• F1...

• F22...

• F23...

• F24...

• “block exemption” has the meaning given in section 6(4);

• “block exemption order” has the meaning given in section 6(2);

• “the Chapter I prohibition” has the meaning given in section 2(8);

• “the Chapter II prohibition” has the meaning given in section 18(4);

• F17“class member” has the meaning given in section 47B(8)(a);

• F13“the CMA” means the Competition and Markets Authority;

• F17“collective proceedings” has the meaning given in section 47B(1);

• F17“collective proceedings order” means an order made by the Tribunal authorising the continuance of collective proceedings;

• F25...

• F26...

• “the court”, except in sections F1849E, 58F5, 58A and F3360AF19and Schedule 8A and the expression “European Court”, means—

  1. a

     in England and Wales, the High Court;

  2. b

     in Scotland, the Court of Session; and

  3. c

     in Northern Ireland, the High Court;

• F3...

• “document” includes information recorded in any form;

• F27...

• F28...

• F29...

• F9“individual exemption” has the meaning given in section 4(2);

• “information” includes estimates and forecasts;

• F17“infringement decision”, except in section 49C, has the meaning given in section 47A(6);

• F17“injunction” includes an interim injunction;

• “investigating officer” has the meaning given in section 27(1);

• F10“investigation” means an investigation under section 25;

• “Minister of the Crown” has the same meaning as in the Ministers of the M1Crown Act 1975;

• F6“OFCOM” means the Office of Communications;

• “officer”, in relation to a body corporate, includes a director, manager or secretary and, in relation to a partnership in Scotland, includes a partner;

• F17“opt-in collective proceedings” has the meaning given in section 47B(10);

• F17“opt-out collective proceedings” has the meaning given in section 47B(11);

• F14...

• F30...

• “person”, in addition to the meaning given by the M2Interpretation Act 1978, includes any undertaking;

• F11“premises” includes any land or means of transport;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “regulator” has the meaning given by section 54;

• F17“representative” means a person who is authorised by a collective proceedings order to bring collective proceedings;

• F17“represented person” means a class member who—

  1. (a)

     has opted in to opt-in collective proceedings,

  2. (b)

     was domiciled in the United Kingdom at the time specified for the purposes of determining domicile (see section 47B(11)(b)(i)) and has not opted out of opt-out collective proceedings, or

  3. (c)

     has opted in to opt-out collective proceedings;

• F34“F36assimilated block exemption regulation” has the meaning given in section 10(12);

• F34“F36assimilated exemption” has the meaning given in section 10(3);

• F31...

• F32...

• F2“ the Tribunal” means the Competition Appeal Tribunal;

• “Tribunal rules” means rules under section 15 of the Enterprise Act 2002.

• F12“working day” means a day which is not—

  1. a

     Saturday,

  2. b

     Sunday,

  3. c

     Christmas Day,

  4. d

     Good Friday, or

  5. e

     a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.

In this Part, in respect of proceedings in Scotland, F20“claimant” is to be read as “pursuer” and “defendant” is to be read as “defender”.

Sections 41, 42, 45 and 46 of the Civil Jurisdiction and Judgments Act 1982 apply for the purpose of determining whether a person is regarded as “domiciled in the United Kingdom” for the purposes of this Part.

The fact that to a limited extent the Chapter I prohibition does not apply to an agreement, because of an exclusion provided by or under this Part or any other enactment, does not require those provisions of the agreement to which the exclusion relates to be disregarded when considering whether the agreement infringes the prohibition for other reasons.

For the purposes of this Part, the power to require information, in relation to information recorded otherwise than in a legible form, includes power to require a copy of it in a legible form.

Any power conferred on the F15CMA by this Part to require information includes power to require any document which F4it believes may contain that information.

The person must, in addition, have regard to any relevant decision or statement of the European Commission made before IP completion day and not withdrawn.

Subsection (2) does not require the person to secure that there is no inconsistency with a principle or decision referred to in subsection (2)(b) so far as the principle or decision is excluded from the law of England and Wales, Scotland and Northern Ireland on or after IP completion day.

For the purposes of subsection (4), a principle or decision is to be treated as not excluded from the law of England and Wales, Scotland and Northern Ireland if it is excluded only by virtue of an exclusion or revocation in the Competition (Amendment etc.) (EU Exit) Regulations 2019.

Subsection (2) does not apply so far as the person is bound by a principle laid down by, or a decision of, a court or tribunal in England and Wales, Scotland or Northern Ireland that requires the person to act otherwise.

In subsection (2)(b), the reference to principles laid down before IP completion day is a reference to such principles as they have effect in EU law immediately before IP completion day, disregarding the effect of principles laid down, and decisions made, by the European Court on or after IP completion day.