Page:Competition Ordinance (Cap. 619).pdf/66

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COMPETITION ORDINANCE
Ord. No. 14 of 2012
A1453
(d) the Court of Final Appeal has decided, on an appeal from a decision of the Court of Appeal, that the act is a contravention of a conduct rule; or
(e) a person has made an admission, in a commitment that has been accepted by the Commission, that the person has contravened a conduct rule.

111. Commencement of follow-on actions

(1) The periods during which proceedings for a follow-on action may not be brought are—

(a) in the case of a decision of the Tribunal, the period during which an appeal may be made to the Court of Appeal under section 154;
(b) in the case of a decision of the Court of First Instance, the period during which an appeal may be made to the Court of Appeal; and
(c) in the case of a decision of the Court of Appeal, the period during which a further appeal may be made to the Court of Final Appeal,

and, where any such appeal or further appeal is made, the period specified in paragraph (a), (b) or (c) includes the period before the appeal is determined.

(2) Despite subsection (1), the Court of First Instance or the Tribunal may, on the application of the party seeking to bring the proceedings, permit proceedings for a follow-on action to be brought within any period specified in subsection (1).

(3) Proceedings for a follow-on action may not be brought more than 3 years after the earliest date on which the action could have been commenced following the expiry of a relevant period specified in subsection (1).

112. Tribunal orders in follow-on actions

The Tribunal in a follow-on action may make any one or more of the orders specified in Schedule 3.

Division 3—Procedure

113. Transfer of proceedings from Court of First Instance to Tribunal

(1) Subject to subsection (2), the Court of First Instance must transfer to the Tribunal so much of the proceedings before the Court that are within the jurisdiction of the Tribunal.