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Competition Act 1998

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This is the original version (as it was originally enacted).

47Third party appeals

(1)A person who does not fall within section 46(1) or (2) may apply to the Director asking him to withdraw or vary a decision (“the relevant decision”) falling within paragraphs (a) to (f) of section 46(3) or such other decision as may be prescribed.

(2)The application must—

(a)be made in writing, within such period as the Director may specify in rules under section 51; and

(b)give the applicant’s reasons for considering that the relevant decision should be withdrawn or (as the case may be) varied.

(3)If the Director decides—

(a)that the applicant does not have a sufficient interest in the relevant decision,

(b)that, in the case of an applicant claiming to represent persons who have such an interest, the applicant does not represent such persons, or

(c)that the persons represented by the applicant do not have such an interest,

he must notify the applicant of his decision.

(4)If the Director, having considered the application, decides that it does not show sufficient reason why he should withdraw or vary the relevant decision, he must notify the applicant of his decision.

(5)Otherwise, the Director must deal with the application in accordance with such procedure as may be specified in rules under section 51.

(6)The applicant may appeal to the Competition Commission against a decision of the Director notified under subsection (3) or (4).

(7)The making of an application does not suspend the effect of the relevant decision.

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