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enforcement order or undertaking, measures intended to be
in the collective interests of consumers.

(3) The measures in the compliance category are measures intended to
prevent or reduce the risk of the occurrence or repetition of the
5conduct to which the enforcement order or undertaking relates
(including measures with that purpose which may have the effect of
improving compliance with consumer law more generally).

(4) The measures in the choice category are measures intended to enable
consumers to choose more effectively between persons supplying or
10seeking to supply goods or services.

(5) The following are not enhanced consumer measures—

(a) a publication requirement included in an enforcement order
as described in section 217(8),

(b) a publication requirement included in an undertaking
15accepted by the court as described in section 217(10), or

(c) a publication requirement included in an undertaking
accepted by a CPC enforcer as described in section
219(5A)(a).

219B Inclusion of enhanced consumer measures etc.

(1) 20An enforcement order or undertaking may include only such
enhanced consumer measures as the court or enforcer (as the case
may be) considers to be just and reasonable.

(2) For the purposes of subsection (1) the court or enforcer must in
particular consider whether any proposed enhanced consumer
25measures are proportionate, taking into account—

(a) the likely benefit of the measures to consumers,

(b) the costs likely to be incurred by the subject of the
enforcement order or undertaking, and

(c) the likely cost to consumers of obtaining the benefit of the
30measures.

(3) The costs referred to in subsection (2)(b) are—

(a) the cost of the measures, and

(b) the reasonable administrative costs associated with taking
the measures.

(4) 35An enforcement order or undertaking may include enhanced
consumer measures in the redress category—

(a) only in a loss case, and

(b) only if the court or enforcer (as the case may be) is satisfied
that the cost of such measures to the subject of the
40enforcement order or undertaking is unlikely to be more than
the sum of the losses suffered by consumers as a result of the
conduct which has given rise to the enforcement order or
undertaking.

(5) The cost referred to in subsection (4)(b) does not include the
45administrative costs associated with taking the measures.

(6) Subsection (7) applies if an enforcement order or undertaking
includes enhanced consumer measures offering compensation and a

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settlement agreement is entered into in connection with the payment
of compensation.

(7) A waiver of a person’s rights in the settlement agreement is not valid
if it is a waiver of the right to bring civil proceedings in respect of
5conduct other than the conduct which has given rise to the
enforcement order or undertaking.

(8) The following definitions apply for the purposes of subsection (4)(a).

(9) In the case of an enforcement order or undertaking under section
217, “a loss case” means a case in which—

(a) 10subsection (1) of that section applies (a finding that a person
has engaged in conduct which constitutes an infringement),
and

(b) consumers have suffered loss as a result of that conduct.

(10) In the case of an undertaking under section 219, “a loss case” means
15a case in which—

(a) subsection (3)(a) or (b) of that section applies (a belief that a
person has engaged or is engaging in conduct which
constitutes an infringement), and

(b) consumers have suffered loss as a result of that conduct.

219C 20Availability of enhanced consumer measures to private enforcers

(1) An enforcement order made on the application of a designated
enforcer which is not a public body may require a person to take
enhanced consumer measures only if the following conditions are
satisfied.

(2) 25An undertaking given under section 217(9) following an application
for an enforcement order made by a designated enforcer which is not
a public body, or an undertaking given to such an enforcer under
section 219, may include a further undertaking by a person to take
enhanced consumer measures only if the following conditions are
30satisfied.

(3) The first condition is that the enforcer is specified for the purposes of
this section by order made by the Secretary of State.

(4) The second condition is that the enhanced consumer measures do
not directly benefit the enforcer or an associated undertaking.

(5) 35Enhanced consumer measures which directly benefit an enforcer or
an associated undertaking include, in particular, measures which—

(a) require a person to pay money to the enforcer or associated
undertaking,

(b) require a person to participate in a scheme which is designed
40to recommend persons supplying or seeking to supply goods
or services to consumers and which is administered by the
the enforcer or associated undertaking, or

(c) would give the enforcer or associated undertaking a
commercial advantage over any of its competitors.

(6) 45The Secretary of State may make an order under subsection (3)
specifying an enforcer only if the Secretary of State is satisfied that to
do so is likely to—

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(a) improve the availability to consumers of redress for
infringements to which the enforcer’s designation relates,

(b) improve the availability to consumers of information which
enables them to choose more effectively between persons
5supplying or seeking to supply goods or services, or

(c) improve compliance with consumer law.

(7) The Secretary of State may make an order under subsection (3)
specifying an enforcer only if the functions of the enforcer under this
Part have been specified under section 24 of the Legislative and
10Regulatory Reform Act 2006 (functions to which principles under
section 21 and code of practice under section 22 apply), to the extent
that they are capable of being so specified.

(8) The power to make an order under subsection (3)

(a) is exercisable by statutory instrument subject to annulment in
15pursuance of a resolution of either House of Parliament;

(b) includes power to make incidental, supplementary,
consequential, transitional, transitory or saving provision.

(9) Subsection (10) applies if—

(a) an enforcer exercises a function in relation to a person by
20virtue of subsection (1) or (2),

(b) that function is a relevant function for the purposes of Part 2
(co-ordination of regulatory enforcement) of the Regulatory
Enforcement and Sanctions Act 2008, and

(c) a primary authority (within the meaning of that Part) has
25given advice or guidance under section 27(1) of that Act—

(i) to that person in relation to that function, or

(ii) to other local authorities (within the meaning of that
Part) with that function as to how they should
exercise it in relation to that person.

(10) 30The enforcer must, in exercising the function in relation to that
person, act consistently with that advice or guidance.

(11) In this section “associated undertaking”, in relation to a designated
enforcer, means—

(a) a parent undertaking or subsidiary undertaking of the
35enforcer, or

(b) a subsidiary undertaking of a parent undertaking of the
enforcer,

and for this purpose “parent undertaking” and “subsidiary
undertaking” have the meanings given by section 1162 of the
40Companies Act 2006.

9 (1) Section 220 (further proceedings) is amended as follows.

(2) After subsection (1) insert—

(1A) This section does not apply in the case of a failure to comply with an
order or undertaking which consists only of a failure to provide
45information or documents required by the order or undertaking as
described in section 217(10D).

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(3) In subsection (2), for “In such a case the OFT” substitute “Any CPC
enforcer”.

(4) In subsection (5)—

(a) in the opening words, for “sections 215 and 217 or 218 (as the case
5may be)” substitute “sections 215, 217 or 218 (as the case may be) and
219A, 219B and 219C”,

(b) for paragraph (c) substitute—

(c) section 217(9), (10), (10B) and (11) must be ignored, and
section 217(10C) and (10D) must be ignored to the extent that
10they relate to an undertaking under subsection (9);,

(c) after paragraph (d) insert—

(e) sections 219A, 219B and 219C must be ignored to the extent
that they relate to an undertaking under section 217(9) or
219.

10 15In section 229 (advice and information), after subsection (1) insert—

(1A) As soon as is reasonably practicable after the commencement of
Schedule 5 to the Consumer Rights Act 2014 (investigatory powers
etc.) the CMA must prepare and publish advice and information
with a view to—

(a) 20explaining the provisions of that Schedule, so far as they
relate to investigatory powers exercised for the purposes set
out in paragraphs 13(2) and (3) and 19 of that Schedule, to
persons who are likely to be affected by them, and

(b) indicating how the CMA expects such provisions to operate.

Section 80

25SCHEDULE 8 Private actions in competition law

Part 1 Competition Act 1998

1 The Competition Act 1998 is amended in accordance with this Part.

2 30For the heading of Chapter 4 of Part 1, substitute “Appeals, proceedings
before the Tribunal and settlements relating to infringements of competition
law”.

3 For the cross-heading preceding section 46, substitute “Appeals and
proceedings before the Tribunal”.

4 (1) 35For section 47A substitute—

47A Proceedings before the Tribunal: claims for damages etc.

(1) A person may make a claim to which this section applies in
proceedings before the Tribunal, subject to the provisions of this Act
and Tribunal rules.

(2) 40This section applies to a claim of a kind specified in subsection (3)
which a person who has suffered loss or damage may make in civil

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proceedings brought in any part of the United Kingdom in respect
of an infringement decision or an alleged infringement of—

(a) the Chapter I prohibition,

(b) the Chapter II prohibition,

(c) 5the prohibition in Article 101(1), or

(d) the prohibition in Article 102.

(3) The claims are—

(a) a claim for damages;

(b) any other claim for a sum of money;

(c) 10in proceedings in England and Wales or Northern Ireland, a
claim for an injunction.

(4) For the purpose of identifying claims which may be made in civil
proceedings, any limitation rules or rules relating to prescription that
would apply in such proceedings are to be disregarded.

(5) 15The right to make a claim in proceedings under this section does not
affect the right to bring any other proceedings in respect of the claim.

(6) In this Part (except in section 49C) “infringement decision” means—

(a) a decision of the CMA that the Chapter I prohibition, the
Chapter II prohibition, the prohibition in Article 101(1) or the
20prohibition in Article 102 has been infringed,

(b) a decision of the Tribunal on an appeal from a decision of the
CMA that the Chapter I prohibition, the Chapter II
prohibition, the prohibition in Article 101(1) or the
prohibition in Article 102 has been infringed, or

(c) 25a decision of the Commission that the prohibition in Article
101(1) or the prohibition in Article 102 has been infringed.

(2) Section 47A of the Competition Act 1998 (as substituted by sub-paragraph
(1)) applies to claims arising before the commencement of this paragraph as
it applies to claims arising after that time.

5 (1) 30For section 47B substitute—

47B Collective proceedings before the Tribunal

(1) Subject to the provisions of this Act and Tribunal rules, proceedings
may be brought before the Tribunal combining two or more claims
to which section 47A applies (“collective proceedings”).

(2) 35Collective proceedings must be commenced by a person who
proposes to be the representative in those proceedings.

(3) The following points apply in relation to claims in collective
proceedings—

(a) it is not a requirement that all of the claims should be against
40all of the defendants to the proceedings,

(b) the proceedings may combine claims which have been made
in proceedings under section 47A and claims which have not,
and

(c) a claim which has been made in proceedings under section
4547A may be continued in collective proceedings only with the
consent of the person who made that claim.

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(4) Collective proceedings may be continued only if the Tribunal makes
a collective proceedings order.

(5) The Tribunal may make a collective proceedings order only—

(a) if it considers that the person who brought the proceedings is
5a person who, if the order were made, the Tribunal could
authorise to act as the representative in those proceedings in
accordance with subsection (8), and

(b) in respect of claims which are eligible for inclusion in
collective proceedings.

(6) 10Claims are eligible for inclusion in collective proceedings only if the
Tribunal considers that they raise the same, similar or related issues
of fact or law and are suitable to be brought in collective proceedings.

(7) A collective proceedings order must include the following matters—

(a) authorisation of the person who brought the proceedings to
15act as the representative in those proceedings,

(b) description of a class of persons whose claims are eligible for
inclusion in the proceedings, and

(c) specification of the proceedings as opt-in collective
proceedings or opt-out collective proceedings (see
20subsections (10) and (11)).

(8) The Tribunal may authorise a person to act as the representative in
collective proceedings—

(a) whether or not that person is a person falling within the class
of persons described in the collective proceedings order for
25those proceedings (a “class member”), but

(b) only if the Tribunal considers that it is just and reasonable for
that person to act as a representative in those proceedings.

(9) The Tribunal may vary or revoke a collective proceedings order at
any time.

(10) 30“Opt-in collective proceedings” are collective proceedings which are
brought on behalf of each class member who opts in by notifying the
representative, in a manner and by a time specified, that the claim
should be included in the collective proceedings.

(11) “Opt-out collective proceedings” are collective proceedings which
35are brought on behalf of each class member except—

(a) any class member who opts out by notifying the
representative, in a manner and by a time specified, that the
claim should not be included in the collective proceedings,
and

(b) 40any class member who—

(i) is not domiciled in the United Kingdom at a time
specified, and

(ii) does not, in a manner and by a time specified, opt in
by notifying the representative that the claim should
45be included in the collective proceedings.

(12) Where the Tribunal gives a judgment or makes an order in collective
proceedings, the judgment or order is binding on all represented
persons, except as otherwise specified.

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(13) The right to make a claim in collective proceedings does not affect the
right to bring any other proceedings in respect of the claim.

(14) In this section and in section 47C, “specified” means specified in a
direction made by the Tribunal.

(2) 5Section 47B of the Competition Act 1998 (as substituted by sub-paragraph
(1)) applies to claims arising before the commencement of this paragraph as
it applies to claims arising after that time.

6 After section 47B (as substituted by paragraph 5) insert—

47C Collective proceedings: damages and costs

(1) 10The Tribunal may not award exemplary damages in collective
proceedings.

(2) The Tribunal may make an award of damages in collective
proceedings without undertaking an assessment of the amount of
damages recoverable in respect of the claim of each represented
15person.

(3) Where the Tribunal makes an award of damages in opt-out collective
proceedings, the Tribunal must make an order providing for the
damages to be paid on behalf of the represented persons to—

(a) the representative, or

(b) 20such person other than a represented person as the Tribunal
thinks fit.

(4) Where the Tribunal makes an award of damages in opt-in collective
proceedings, the Tribunal may make an order as described in
subsection (3).

(5) 25Subject to subsection (6), where the Tribunal makes an award of
damages in opt-out collective proceedings, any damages not claimed
by the represented persons within a specified period must be paid to
the charity for the time being prescribed by order made by the Lord
Chancellor under section 194(8) of the Legal Services Act 2007.

(6) 30In a case within subsection (5) the Tribunal may order that all or part
of any damages not claimed by the represented persons within a
specified period is instead to be paid to the representative in respect
of all or part of the costs or expenses incurred by the representative
in connection with the proceedings.

(7) 35The Secretary of State may by order amend subsection (5).

(8) A damages-based agreement is unenforceable if it relates to opt-out
collective proceedings.

(9) In this section—

(a) “damages” (except in the term “exemplary damages”)
40includes any sum of money which may be awarded by the
Tribunal in collective proceedings (other than costs or
expenses);

(b) “damages-based agreement” has the meaning given in
section 58AA(3) of the Courts and Legal Services Act 1990.

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7 After section 47C (inserted by paragraph 6) insert—

47D Proceedings under section 47A or collective proceedings: injunctions
etc.

(1) An injunction granted by the Tribunal in proceedings under section
547A or in collective proceedings—

(a) has the same effect as an injunction granted by the High
Court, and

(b) is enforceable as if it were an injunction granted by the High
Court.

(2) 10In deciding whether to grant an injunction in proceedings under
section 47A or in collective proceedings, the Tribunal must—

(a) in proceedings in England and Wales, apply the principles
which the High Court would apply in deciding whether to
grant an injunction under section 37(1) of the Senior Courts
15Act 1981, and

(b) in proceedings in Northern Ireland, apply the principles that
the High Court would apply in deciding whether to grant an
injunction.

(3) Subsection (2) is subject to Tribunal rules which make provision of
20the kind mentioned in paragraph 15A(3) of Schedule 4 to the
Enterprise Act 2002 (undertakings as to damages in relation to claims
subject to the fast-track procedure).

8 (1) After section 47D (inserted by paragraph 7) insert—

47E Limitation or prescriptive periods for proceedings under section 47A
25and collective proceedings

(1) Subsection (2) applies in respect of a claim to which section 47A
applies, for the purposes of determining the limitation or
prescriptive period which would apply in respect of the claim if it
were to be made in—

(a) 30proceedings under section 47A, or

(b) collective proceedings at the commencement of those
proceedings.

(2) Where this subsection applies—

(a) in the case of proceedings in England and Wales, the
35Limitation Act 1980 applies as if the claim were an action in a
court of law;

(b) in the case of proceedings in Scotland, the Prescription and
Limitation (Scotland) Act 1973 applies as if the claim related
to an obligation to which section 6 of that Act applies;

(c) 40in the case of proceedings in Northern Ireland, the Limitation
(Northern Ireland) Order 1989 applies as if the claim were an
action in a court established by law.

(3) Where a claim is made in collective proceedings at the
commencement of those proceedings (“the section 47B claim”),
45subsections (4) to (6) apply for the purpose of determining the
limitation or prescriptive period which would apply in respect of the
claim if it were subsequently to be made in proceedings under
section 47A.

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(4) The running of the limitation or prescriptive period in respect of the
claim is suspended from the date on which the collective
proceedings are commenced.

(5) Following suspension under subsection (4), the running of the
5limitation or prescriptive period in respect of the claim resumes on
the date on which any of the following occurs—

(a) the Tribunal declines to make a collective proceedings order
in respect of the collective proceedings;

(b) the Tribunal makes a collective proceedings order in respect
10of the collective proceedings, but the order does not provide
that the section 47B claim is eligible for inclusion in the
proceedings;

(c) the Tribunal rejects the section 47B claim;

(d) in the case of opt-in collective proceedings, the period within
15which a person may choose to have the section 47B claim
included in the proceedings expires without the person
having done so;

(e) in the case of opt-out collective proceedings—

(i) a person domiciled in the United Kingdom chooses
20(within the period in which such a choice may be
made) to have the section 47B claim excluded from
the collective proceedings, or

(ii) the period within which a person not domiciled in the
United Kingdom may choose to have the section 47B
25claim included in the collective proceedings expires
without the person having done so;

(f) the section 47B claim is withdrawn;

(g) the Tribunal revokes the collective proceedings order in
respect of the collective proceedings;

(h) 30the Tribunal varies the collective proceedings order in such a
way that the section 47B claim is no longer included in the
collective proceedings;

(i) the section 47B claim is settled with or without the Tribunal’s
approval;

(j) 35the section 47B claim is dismissed, discontinued or otherwise
disposed of without an adjudication on the merits.

(6) Where the running of the limitation or prescriptive period in respect
of the claim resumes under subsection (5) but the period would
otherwise expire before the end of the period of six months
40beginning with the date of that resumption, the period is treated as
expiring at the end of that six month period.

(7) This section has effect subject to any provision in Tribunal rules
which defers the date on which the limitation or prescriptive period
begins in relation to claims in proceedings under section 47A or in
45collective proceedings.

(2) Section 47E of the Competition Act 1998 does not apply in relation to claims
arising before the commencement of this paragraph.

9 (1) Section 49 (further appeals) is amended in accordance with this paragraph.

(2) In subsection (1)—

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(a) at the end of paragraph (a) insert “and”, and

(b) omit paragraph (b) and the “and” at the end of that paragraph.

(3) After subsection (1) insert—

(1A) An appeal lies to the appropriate court on a point of law arising from
5a decision of the Tribunal in proceedings under section 47A or in
collective proceedings—

(a) as to the award of damages or other sum (other than a
decision on costs or expenses), or

(b) as to the grant of an injunction.

(1B) 10An appeal lies to the appropriate court from a decision of the
Tribunal in proceedings under section 47A or in collective
proceedings as to the amount of an award of damages or other sum
(other than the amount of costs or expenses).

(1C) An appeal under subsection (1A) arising from a decision in respect
15of a stand-alone claim may include consideration of a point of law
arising from a finding of the Tribunal as to an infringement of a
prohibition listed in section 47A(2).

(1D) In subsection (1C) “a stand-alone claim” is a claim—

(a) in respect of an alleged infringement of a prohibition listed in
20section 47A(2), and

(b) made in proceedings under section 47A or included in
collective proceedings.

(4) In subsection (2)(a), at the beginning insert “except as provided by
subsection (2A),”.

(5) 25After subsection (2) insert—

(2A) An appeal from a decision of the Tribunal in respect of a claim
included in collective proceedings may be brought only by the
representative in those proceedings or by a defendant to that claim.

10 (1) After section 49 insert—

30Settlements relating to infringements of competition law

49A Collective settlements: where a collective proceedings order has been
made

(1) The Tribunal may, in accordance with this section and Tribunal
rules, make an order approving the settlement of claims in collective
35proceedings (a “collective settlement”) where—

(a) a collective proceedings order has been made in respect of the
claims, and

(b) the Tribunal has specified that the proceedings are opt-out
collective proceedings.

(2) 40An application for approval of a proposed collective settlement must
be made to the Tribunal by the representative and the defendant in
the collective proceedings.

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