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Change 1
As published
58 Findings of fact by CMA.
(1) Unless the court or the Tribunal directs otherwise or the OFT has decided to take further action in accordance with section 16(2) or 24(2), CMA'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 under 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 the Tribunal on such an appeal has confirmed the finding.
(2) In this section—
“a CMA's finding” means a finding of fact made by the CMA in the course of conducting an investigation;
“Part 1 proceedings” means proceedings brought otherwise than by the CMA—
in respect of an infringement decision; or
in respect of an alleged infringement of the Chapter I prohibition or of the Chapter II prohibition; ...
...
“relevant party” means—
in relation to the Chapter I prohibition ..., a party to the agreement which has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be); and
in relation to the Chapter II prohibition ..., the undertaking whose conduct has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be).
(3) Rules of court or Tribunal rules may make provision in respect of assistance to be given by the CMA to the court or the Tribunal in Part I proceedings.
(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.
Your change, as a redline
58 Findings of fact by CMA.
(1) Unless the court or the Tribunal directs otherwise or the OFT has decided to take further action in accordance with section 16(2) or 24(2), CMA'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 under 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 the Tribunal on such an appeal has confirmed the finding.
(2) In this section—
“a CMA's finding” means a finding of fact made by the CMA in the course of conducting an investigation;
“Part 1 proceedings” means proceedings brought otherwise than by the CMA—
in respect of an infringement decision; or
in respect of an alleged infringement of the Chapter I prohibition or of the Chapter II prohibition; ...
...
“relevant party” means—
in relation to the Chapter I prohibition ..., a party to the agreement which has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be); and
in relation to the Chapter II prohibition ..., the undertaking whose conduct has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be).
(3) Rules of court or Tribunal rules may make provision in respect of assistance to be given by the CMA to the court or the Tribunal in Part I proceedings.
(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.
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