Part I Competition
Chapter IVAppeals before the Tribunal and proceedings and settlements relating to infringements of competition law
Claims for loss or damage , or for declaratory relief: proceedings before the Tribunal
F147AProceedings before the Tribunal: claims for damages etc.
(1)
A person may make a claim to which this section applies in proceedings before the Tribunal, subject to the provisions of this Act and Tribunal rules.
(2)
This section applies to a claim of a kind specified in subsection (3) which a person who has suffered loss or damage may make in civil proceedings brought in any part of the United Kingdom in respect of an infringement decision or an alleged infringement of—
(a)
the Chapter I prohibition, F2or
(b)
the Chapter II prohibition,
F3(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
The claims are—
(a)
a claim for damages;
(b)
any other claim for a sum of money;
(c)
in proceedings in England and Wales or Northern Ireland, a claim for an injunction.
F5(3A)
This section also applies to a claim for a declaration or, in relation to Scotland, for a declarator which a person may make in respect of an infringement decision or an alleged infringement of the Chapter 1 prohibition or the Chapter 2 prohibition.
(4)
For the purpose of identifying claims which may be made in civil proceedings, any limitation rules or rules relating to prescription that would apply in such proceedings are to be disregarded.
(5)
The right to make a claim in proceedings under this section does not affect the right to bring any other proceedings in respect of the claim.
F6(6)
In this Part (except in section 49C) “infringement decision” means—
(a)
a decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed, or
(b)
a decision of the Tribunal on an appeal from the decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed.