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The EC Competition Law (Articles 84 and 85)Enforcement Regulations 2001

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Appeals

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

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

(a)as to whether the prohibition in Article 81(1) has been infringed,

(b)as to whether the prohibition in Article 82 has been infringed,

(c)as to whether to grant an exemption,

(d)in respect of an exemption—

(i)as to whether to impose any condition or obligation under regulation 4(2)(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 regulation 4(2)(b),

(e)as to—

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

(ii)the period of any such extension,

(f)cancelling an exemption,

(g)withdrawing or varying a decision in paragraph (a) to (f) following an application under regulation 26,

and includes a direction given under regulation 18, 19 or 21.

(4) The making of an appeal under this regulation does not suspend the effect of the decision to which the appeal relates.

(5) Schedule 2 makes further provision about appeals.

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