(3) A District Court shall have jurisdiction to enforce any direction in accordance with subsection (2) regardless of the monetary amount involved.
Rights of private action
86.—(1) Any person who suffers loss or damage directly as a result of an infringement of the section 34 prohibition, the section 47 prohibition or the section 54 prohibition shall have a right of action for relief in civil 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 34 prohibition, the section 47 prohibition or the section 54 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 68;
- (b) the decision of the Board under section 73 (on an appeal from the decision of the Commission under section 71);
- (c) the decision of the High Court under section 74 (on an appeal from the decision of the Board under that section); and
- (d) the decision of the Court of Appeal under section 74 (on an appeal from the decision of the High Court under that section).
(4) The periods during which an action may not be brought under this section are—
- (a) in the case of a decision of the Commission, the period during which an appeal may be made to the Board under section 71(1);
- (b) in the case of a decision of the Commission which is the subject of an appeal to the Board as referred to in paragraph (a), the period following the decision of the Board during which a further appeal may be made under section 74 to the High Court; and
- (c) in the case of a decision of the High Court which is the subject of a further appeal to the Court of Appeal, the period during which an appeal may be made under section 74 to the Court of Appeal.
