Part 4Market Investigations
Chapter 4Supplementary
Other
179Review of decisions under Part 4
1
Any person aggrieved by a decision of the OFT, the appropriate Minister, the Secretary of State or the Commission in connection with a reference or possible reference under this Part may apply to the Competition Appeal Tribunal for a review of that decision.
2
For this purpose “decision”—
a
does not include a decision to impose a penalty under section 110(1) or (3) as applied by section 176; but
b
includes a failure to take a decision permitted or required by this Part in connection with a reference or possible reference.
3
Except in so far as a direction to the contrary is given by the Competition Appeal Tribunal, the effect of the decision is not suspended by reason of the making of the application.
4
In determining such an application the Competition Appeal Tribunal shall apply the same principles as would be applied by a court on an application for judicial review.
5
The Competition Appeal Tribunal may—
a
dismiss the application or quash the whole or part of the decision to which it relates; and
b
where it quashes the whole or part of that decision, refer the matter back to the original decision maker with a direction to reconsider and make a new decision in accordance with the ruling of the Competition Appeal Tribunal.
6
An appeal lies on any point of law arising from a decision of the Competition Appeal Tribunal under this section to the appropriate court.
7
An appeal under subsection (6) requires the permission of the Tribunal or the appropriate court.
8
In this section—
“the appropriate court” means the Court of Appeal or, in the case of Tribunal proceedings in Scotland, the Court of Session; and
“Tribunal rules” has the meaning given by section 15(1).