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In force2022 Revised Edition
Contents

Part · General

67. Rights of private action

(1)

Any person who suffers loss or damage directly as a result of an infringement of the section 11 prohibition, the section 21 prohibition or the section 23 prohibition shall have a right of action for relief in civil

Competition 68

proceedings in a court under this section against any undertaking which is or which has at the material time been a party to such infringement.

(2)

No action to which subsection (1) applies may be brought —

(a)

until after a decision referred to in subsection (3) has established that the section 11 prohibition, the section 21 prohibition or the section 23 prohibition has been infringed; and

(b)

during the period referred to in subsection (4).

(3)

The decisions which may be relied upon for the purposes of an action under this section are —

(a)

the decision by the Commission under section 41; and

(b)

the decision of the Tribunal under section 61 (on an appeal from the decision of the Commission under section 59).

(4)

The period during which an action may not be brought under this section is the period during which an appeal may be made to the Tribunal under section 59(1).

(5)

Where any appeal referred to in subsection (4) is made, the period specified in that subsection includes the period before the appeal is determined.

(6)

No action to which subsection (1) applies may be brought after the end of 2 years after the period specified in subsection (4).

(7)

In determining a claim under this section, the court shall accept as final and conclusive any decision referred to in subsection (3) which establishes that the prohibition in question has been infringed.

(8)

The court may grant to the plaintiff in an action under subsection (1) all or any of the following reliefs —

(a)

relief by way of injunction or declaration;

(b)

damages; and

(c)

such other relief as the court thinks fit.

Competition

(9)

Nothing in this section shall be construed as conferring on any party to an agreement which infringes the section 11 prohibition a right of action for relief.

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