Competition and Consumer Protection Act 2014

86

Res judicata

86. (1) Where, in proceedings under Chapter 5 (inserted by section 83) of Part 3 of the Act of 2007, a court finds, as part of a final decision in relation to the matters to which those proceedings relate, that a relevant grocery goods undertaking contravened—

(a) a provision of regulations made under section 63B of that Act, or

(b) a requirement in a contravention notice,

then, for the purposes of any subsequent proceedings (other than proceedings for an offence) under that Chapter, 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—

“contravention notice” has the same meaning as it has in Chapter 5 of Part 3 of the Act of 2007;

“finding” includes a conviction for an offence, whether or not that conviction is consequent upon a plea of guilty by an accused person;

“relevant grocery goods undertaking” has the same meaning as it has in Chapter 5 of Part 3 of the Act of 2007.