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SCHEDULES

SCHEDULE 8Private actions in competition law

PART 2Enterprise Act 2002

30For paragraph 13 substitute—

13(1)Tribunal rules may provide for the Tribunal—

(a)to reject a claim made under section 47A of the 1998 Act or a section 47B claim if it considers that there are no reasonable grounds for making it;

(b)to reject a section 47B claim if—

(i)the Tribunal declines to make a collective proceedings order in respect of the proceedings under section 47B of the 1998 Act,

(ii)the Tribunal makes a collective proceedings order in respect of the proceedings, but the order does not provide that the claim in question is eligible for inclusion in the proceedings,

(iii)the Tribunal revokes the collective proceedings order in respect of the proceedings, or

(iv)the Tribunal varies the collective proceedings order in such a way that the claim in question is no longer included in the proceedings;

(c)to reject a section 47B claim if the claim had been previously made in proceedings under section 47A of the 1998 Act by a person who has not consented to its being continued in proceedings under section 47B of that Act.

(2)In this paragraph, “a section 47B claim” means a claim made in proceedings under section 47B of the 1998 Act at the commencement of those proceedings.