Part I Competition

Chapter V Miscellaneous

Findings of fact by CMA

58 Findings of fact by F1CMA.

(1)

Unless the court F2or the Tribunal directs otherwise F3or the F4OFT has decided to take further action in accordance with section 16(2) or 24(2), F5CMA's finding which is relevant to an issue arising in Part I proceedings is binding on the parties if—

(a)

the time for bringing an appeal F6under section 46 or 47 in respect of the finding has expired and the relevant party has not brought such an appeal; or

(b)

the decision of F7the Tribunal on such an appeal has confirmed the finding.

(2)

In this section—

F8“F9a CMA's finding” means a finding of fact made by the F10CMA in the course of conducting an investigation;

F11“Part 1 proceedings” means proceedings brought otherwise than by the F10CMA—

(a)

F12in respect of an infringement decision; F13or

(b)

in respect of an alleged infringement of the Chapter I prohibition or of the Chapter II prohibition; F14...

(c)

F14...

“relevant party” means—

(a)

in relation to the Chapter I prohibition F15..., a party to the agreement which F16has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be); and

(b)

in relation to the Chapter II prohibition F17..., the undertaking whose conduct F16has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be).

(3)

Rules of court F18or Tribunal rules may make provision in respect of assistance to be given by the F19CMA to the court F20or the Tribunal in Part I proceedings.

F21(4)

In this section “the court” means—

(a)

in England and Wales or Northern Ireland, the High Court,

(b)

in Scotland, the Court of Session or the sheriff.