Part 2: Competition Proceedings before the Competition Appeal Tribunal Section 125: Power of Competition Appeal Tribunal to grant declaratory relief
This section introduces Schedule 3 which amends the Competition Act 1998 in order to give the CAT the power to grant declaratory relief in individual or collective claims made with regards to actual or alleged infringements of the Chapter I or II prohibitions in the Competition Act 1998. Schedule 3 further amends Schedule 4 to the Enterprise Act 2002 to make express provision regarding the making of Tribunal rules in relation to the grant of declaratory relief.
	Declaratory relief takes the form of a declaration (or declarator in relation to Scotland), which is a remedy whereby the CAT makes a legally binding statement on the application of the law to a particular set of facts. It may be granted independently of any other claims or awards such as payment of compensation. A declaration could, for example, be about the interpretation of a clause in a contract, the interpretation of a term or provision in a statute or a statutory instrument or whether a patent is still valid.