Competition Act 1998

58 Findings of fact by [F1CMA].U.K.

(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]—
(za)
[F12in respect of an infringement decision;] [F13or]
(a)
in respect of an alleged infringement of the Chapter I prohibition or of the Chapter II prohibition; F14...
(b)
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.]

Textual Amendments

F1Word in s. 58 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2Words in s. 58(1) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(2); S.I. 2015/1630, art. 3(j)

F3Words in s. 58(1) cease to have effect (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 34(2) (with reg. 6(2))

F4Word in s. 58 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(43)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F5Words in s. 58(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6Words in s. 58(1)(a) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 5(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F7Words in s. 58(1)(b) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 5(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F8Words in s. 58(2) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 34(3)(a)