Competition (Amendment) Act 2012

Amendment of section 14 of Principal Act.

3.— Section 14 of the Principal Act is amended by—

(a) the substitution, in subsection (1), of “prohibited under section 4 or 5, or by Article 101 or 102 of the Treaty on the Functioning of the European Union,” for “prohibited under section 4 or 5”,

(b) the deletion of subsection (2),

(c) the deletion, in subsection (3), of “or (2)”,

(d) the substitution, in subsection (5), of “The following reliefs, or any of them, may be granted to the plaintiff in an action under subsection (1)” for “Without prejudice to subsection (7), the following reliefs, or any of them, may be granted to the plaintiff in an action under subsection (1)”,

(e) the substitution, in paragraph (a) of subsection (5), of “declaration (including a declaration in respect of a contravention of section 4 or 5 or Article 101 or 102 of the Treaty on the Functioning of the European Union that has ceased)” for “declaration”,

(f) the deletion of subsection (6),

(g) the substitution of the following subsection for subsection (7)—

“(7) Without prejudice to subsection (5), where in an action under subsection (1) it is finally decided by the Court that an undertaking has, contrary to section 5, or Article 102 of the Treaty on the Functioning of the European Union, abused a dominant position, the Court may, by order, either—

(a) require the undertaking to discontinue the abuse, or

(b) require the undertaking to adopt such measures for the purpose of—

(i) its ceasing to be in a dominant position, or

(ii) securing an adjustment of that position,

as may be specified in the order (including measures consisting of the sale of assets of the undertaking) within such period as may be so specified.”,

(h) the deletion, in subsection (8), of “or (2)”, and

(i) the insertion of the following subsection:

“(10) In this section ‘injunction’ means—

(a) an interim injunction,

(b) an interlocutory injunction, or

(c) an injunction of definite or indefinite duration.”.