Competition (Amendment) Act 2012

Res judicata.

8.— (1) Where, in proceedings under Part 2 of the Principal Act, a court finds, as part of a final decision in relation to the matters to which those proceedings relate, that an undertaking contravened section 4 or 5 of that Act, or Article 101 or 102 of the Treaty on the Functioning of the European Union, then, for the purposes of any subsequent proceedings (other than proceedings for an offence) under that Part, the finding shall be res judicata (whether or not the parties to the said subsequent proceedings are the same as the parties to the first-mentioned proceedings).

(2) In this section “finding” includes a conviction for an offence, whether or not that conviction is consequent upon a plea of guilty by an accused person.