Part I Competition
Chapter IVAppeals before the Tribunal and proceedings and settlements relating to infringements of competition law
F1Settlements relating to infringements of competition law
F249EEnforcement of approved schemes
(1)
A compensating party is under a duty to comply with the terms of an approved scheme (“the duty”).
(2)
The duty is owed to any person entitled to compensation under the terms of the approved scheme.
(3)
Where such a person suffers loss or damage as a result of a breach of the duty, the person may bring civil proceedings before the court for damages, an injunction or interdict or any other appropriate relief or remedy.
(4)
Where the CMA considers that the compensating party is in breach of the duty, the CMA may bring civil proceedings before the court for an injunction or interdict or any other appropriate relief or remedy.
(5)
Subsection (4) is without prejudice to any right that a person has to bring proceedings under subsection (3).
(6)
In any proceedings brought under subsection (3) or (4), it is a defence for the compensating party to show that it took all reasonable steps to comply with the duty.
(7)
Where the CMA considers that it is no longer appropriate for the compensating party to be subject to the duty, the CMA may give notice in writing to that party stating that it is released from the duty.
(8)
Where a person has entered into a settlement agreement with the compensating party, that agreement remains enforceable notwithstanding the release of the compensating party under subsection (7) from the duty.
(9)
In this section “the court” means—
(a)
in England and Wales, the High Court or the county court,
(b)
in Northern Ireland, the High Court or a county court,
(c)
in Scotland, the Court of Session or the sheriff.