(5) Where any appeal referred to in paragraph (a), (b) or (c) of subsection (4) is made, the period specified in that paragraph 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 relevant 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.
(9) Nothing in this section shall be construed as conferring on any party to an agreement which infringes the section 34 prohibition a right of action for relief.
Co-operation between Commission and other regulatory authorities on competition matters
87.—(1) The Commission may enter into any agreement with any regulatory authority for the purposes of—
- (a) facilitating co-operation between the Commission and the regulatory authority in the performance of their respective functions in so far as they relate to issues of competition between undertakings;
- (b) avoiding duplication of activities by the Commission and the regulatory authority, being activities involving the determination of the effects on competition of any act done, or proposed to be done; and
- (c) ensuring, as far as practicable, consistency between decisions made or other steps taken by the Commission and the regulatory authority in so far as any part of those decisions or steps consists of or relates to a determination of any issue of competition between undertakings.
