Digital Markets, Competition and Consumers Act 2024
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Change 1
101 Rights to enforce requirements of this Part
(1) A relevant requirement is to be treated as a duty owed by the person that is subject to the requirement to any other person (“P”) who may be affected by a breach of the requirement. (2) Where a breach of a relevant requirement causes P to sustain loss or damage, P may bring civil proceedings against the person that has breached the requirement before the appropriate court or the Tribunal for damages, an injunction or interdict or any other appropriate relief or remedy. (3) Subsections (1) and (2) are subject to the defences and other incidents applying to actions for breach of statutory duty. (4) For the purposes of this section and section 102, a relevant requirement is— (a) a conduct requirement under section 19; (b) a requirement imposed by virtue of a pro-competition order under section 46; (c) a requirement to comply with a commitment given under section 36 or 56. (5) Rules of court and Tribunal rules may make provision about the transfer from the Tribunal to the appropriate court or from the appropriate court to the Tribunal of all or any part of a claim made in proceedings under subsection (2). (6) For the purposes of this section and section 102, the “appropriate court” means— (a) in relation to England and Wales or Northern Ireland, the High Court, and (b) in relation to Scotland, the Court of Session or a sheriff court of any sheriffdom. (7) In Schedule 4 to EA 2002 (tribunal: procedure), in paragraph 1A, in sub-paragraph (1) after “the 1998 Act” insert “or section 101 of the Digital Markets, Competition and Consumers Act 2024”.
101 Rights to enforce requirements of this Part
(1) A relevant requirement is to be treated as a duty owed by the person that is subject to the requirement to any other person (“P”) who may be affected by a breach of the requirement. (2) Where a breach of a relevant requirement causes P to sustain loss or damage, P may bring civil proceedings against the person that has breached the requirement before the appropriate court or the Tribunal for damages, an injunction or interdict or any other appropriate relief or remedy. (3) Subsections (1) and (2) are subject to the defences and other incidents applying to actions for breach of statutory duty. (4) For the purposes of this section and section 102, a relevant requirement is— (a) a conduct requirement under section 19; (b) a requirement imposed by virtue of a pro-competition order under section 46; (c) a requirement to comply with a commitment given under section 36 or 56. (5) Rules of court and Tribunal rules may make provision about the transfer from the Tribunal to the appropriate court or from the appropriate court to the Tribunal of all or any part of a claim made in proceedings under subsection (2). (6) For the purposes of this section and section 102, the “appropriate court” means— (a) in relation to England and Wales or Northern Ireland, the High Court, and (b) in relation to Scotland, the Court of Session or a sheriff court of any sheriffdom. (7) In Schedule 4 to EA 2002 (tribunal: procedure), in paragraph 1A, in sub-paragraph (1) after “the 1998 Act” insert “or section 101 of the Digital Markets, Competition and Consumers Act 2024”.
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