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Constitution of Tribunal for particular proceedings and its decisions


Amendment made: No. 158, in page 6, line 31, at end insert—

'( ) This section has effect subject to paragraph 17 of Schedule 4 (consequences of a member of the Tribunal being unable to continue after the proceedings have begun to be heard).'.—[Miss Melanie Johnson.]

Schedule 3

The Competition Service


Amendment made: No. 90, in page 190, line 36, at end insert—

'(2) Sub-paragraph (1) does not apply in relation to any document which is, or is to be, signed in accordance with the law of Scotland.'.—[Miss Melanie Johnson.]

Schedule 4

Tribunal: Procedure


Amendments made: No. 169, in page 193, line 23, at end insert—

'(4) The President shall make such arrangements for the publication of the decisions of the Tribunal as he considers appropriate.'.
No. 170, in page 193, line 25, leave out from "Tribunal" to second "in" and insert—

'is registered in England and Wales'.
No. 171, in page 193, line 33, leave out "in Scotland awards damages" and insert "awards damages, costs or".
No. 172, in page 193, line 38, leave out—

'in England and Wales or Scotland'.
No. 173, in page 194, line 3, leave out from "Tribunal" to "with" and insert—

'may be enforced in Northern Ireland'.
No. 174, in page 194, line 10, leave out from "enforcing" to end of line 11 and insert—

'in Northern Ireland a decision to award damages, costs or expenses—'.
No. 175, in page 194, line 12, leave out "or costs" and insert ", costs or expenses".
No. 176, in page 194, line 15, leave out "or costs" and insert ", costs or expenses".
No. 177, in page 194, line 20, leave out from "enforcing" to first "the" in line 21 and insert—

'in Northern Ireland a direction given as a result of a decision of the Tribunal'.
No. 178, in page 196, leave out lines 18 and 19.

13 Jun 2002 : Column 1068


No. 179, in page 196, line 28, at end insert—

'(1A) Tribunal rules may make provision enabling the Tribunal to refer any matter arising in any proceedings (other than a claim for damages under section 47A of the 1998 Act) back to the authority that made the decision to which the proceedings relate, if it appears that the matter has not been adequately investigated.'.
No. 180, in page 196, leave out lines 37 to 39 and insert—

'( ) Tribunal rules may make provision as to the consequences of a member of the Tribunal being unable to continue after part of any proceedings have been heard.

( ) The rules may allow the Tribunal to consist of the remaining members for the rest of the proceedings.

( ) The rules may enable the President, if it is the chairman of the Tribunal who is unable to continue—'.
No. 181, in page 198, line 5, at end insert—

'21A (1) Tribunal rules may make provision enabling the Tribunal to decide where to sit for the purposes of, or of any part of, any proceedings before it.

(2) Tribunal rules may make provision enabling the Tribunal to decide that any proceedings before it are to be treated, for purposes connected with—

(a) any appeal from a decision of the Tribunal made in those proceedings; and

(b) any other matter connected with those proceedings,

as proceedings in England and Wales, Scotland or Northern Ireland (regardless of the decision made for the purposes of sub-paragraph (1)).

(3) For the purposes of sub-paragraph (2), Tribunal rules may provide for each claim for damages made or continued on behalf of an individual in proceedings under section 47B of the 1998 Act to be treated as separate proceedings.'.—[Miss Melanie Johnson.]

Clause 17

Damages


Amendment made: No. 372, in page 8, line 32, at beginning insert—

'Otherwise than with the permission of the Tribunal,'.—[Miss Melanie Johnson.]

Clause 18

Claims on behalf of consumers


Amendment made: No. 159, in page 9, leave out lines 35 to 37.—[Miss Melanie Johnson.]

Schedule 5

Proceedings under Part 1 of the 1998 Act


Amendments made: No. 182, in page 198, line 34, leave out—

'Court of Appeal or the Court of Session'
and insert "appropriate court".
No. 183, in page 199, line 7, leave out from "or" to end of line 8 and insert "the appropriate court.

(3) In this section "the appropriate court" means the Court of Appeal or, in the case of an appeal from Tribunal proceedings in Scotland, the Court of Session.".'.
No. 184, in page 199, leave out lines 28 to 30 and insert—

'(b) sub-paragraph (3)(a) shall cease to have effect; and'.—[Miss Melanie Johnson.]

13 Jun 2002 : Column 1069

Clause 21

Duty to make references in relation to completed mergers

Mr. Waterson: I beg to move amendment No. 18, in page 11, line 7, leave out "shall" and insert "may at its discretion".

Mr. Deputy Speaker: With this it will be convenient to discuss the following: Amendment No. 19, in page 11, line 7, after "(3)", insert "have a discretion to".

Amendment No. 21, in page 11, leave out lines 11 and 12 and insert—


'in the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services'.

Amendment No. 202, in page 11, line 11, after "competition", insert—


'or substantial damage to the public interest'.

Amendment No. 22, in page 11, line 12, at end insert—


'or


(c) the creation of that situation has operated, or may be expected to operate against the public interest.'.

Government amendments Nos. 224 to 226.

Amendment No. 20, in clause 32, page 19, line 34, leave out "shall" and insert "may at its discretion".

Amendment No. 23, in page 19, line 38, leave out from "result" to end of line 40 and insert—


'in the creation or strengthening of a dominant position, as a result of which competition is likely to be significantly reduced within any market or markets in the United Kingdom for goods or services'.

Amendment No. 203, in page 19, line 39, after "competition", insert—


'or substantial damage to the public interest'.

Amendment No. 24, in page 19, line 40, at end insert—


'or


(c) the creation of that situation has operated, or may be expected to operate against the public interest.'.

Amendment No. 56, in page 20, line 7, at end insert—


'or


(d) the enterprise which is the subject of the proposed merger will become insolvent within the immediate future; the market shares of the enterprise would in any event go to the acquiring party; and there is no less anti–competitive way of selling the company.'.

Amendment No. 204, in clause 34, page 20, line 43, after "competition", insert—


'or substantial damage to the public interest'.

Amendment No. 25, in page 20, line 45, at end insert—


'or


(c) the creation of that situation has operated, or may be expected to operate against the public interest.'.

Amendment No. 26, in page 21, line 3, leave out from "result" to "or" in line 25 and insert—


'in the creation or strengthening of a dominant position, as a result of which competition may be significantly reduced within any market or markets in the United Kingdom for goods or services'.

Amendment No. 27, in page 21, line 8, leave out from "result" to end of line 10 and insert—


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