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Competition Act 1998

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This is the original version (as it was originally enacted).

46Appealable decisions

(1)Any party to an agreement in respect of which the Director has made a decision may appeal to the Competition Commission against, or with respect to, the decision.

(2)Any person in respect of whose conduct the Director has made a decision may appeal to the Competition Commission against, or with respect to, the decision.

(3)In this section “decision” means a decision of the Director—

(a)as to whether the Chapter I prohibition has been infringed,

(b)as to whether the Chapter II prohibition has been infringed,

(c)as to whether to grant an individual exemption,

(d)in respect of an individual exemption—

(i)as to whether to impose any condition or obligation under section 4(3)(a) or 5(1)(c),

(ii)where such a condition or obligation has been imposed, as to the condition or obligation,

(iii)as to the period fixed under section 4(3)(b), or

(iv)as to the date fixed under section 4(5),

(e)as to—

(i)whether to extend the period for which an individual exemption has effect, or

(ii)the period of any such extension,

(f)cancelling an exemption,

(g)as to the imposition of any penalty under section 36 or as to the amount of any such penalty,

(h)withdrawing or varying any of the decisions in paragraphs (a) to (f) following an application under section 47(1),

and includes a direction given under section 32, 33 or 35 and such other decision as may be prescribed.

(4)Except in the case of an appeal against the imposition, or the amount, of a penalty, the making of an appeal under this section does not suspend the effect of the decision to which the appeal relates.

(5)Part I of Schedule 8 makes further provision about appeals.

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