Competition Act 1998

Conduct of the hearing

9 (1) Rules may make provision—

(a) as to the manner in which appeals are to be conducted, including provision for any hearing to be held in private if the tribunal considers it appropriate because it may be considering information of a kind to which section 56 applies;

(b) as to the persons entitled to appear on behalf of the parties;

(c) for requiring persons to attend to give evidence and produce documents and for authorising the administration of oaths to witnesses;

(d) as to the evidence which may be required or admitted in proceedings before the tribunal and the extent to which it should be oral or written;

(e) allowing the tribunal to fix time limits with respect to any aspect of the proceedings before it and to extend any time limit (whether or not it has expired);

(f) for enabling the tribunal to refer a matter back to the Director if it appears to the tribunal that the matter has not been adequately investigated;

(g) for enabling the tribunal, on the application of any party to the proceedings before it or on its own initiative—

(i) in England and Wales or Northern Ireland, to order the disclosure between, or the production by, the parties of documents or classes of documents;

(ii) in Scotland, to order such recovery or inspection of documents as might be ordered by a sheriff;

(h) for the appointment of experts for the purposes of any proceedings before the tribunal;

(i) for the award of costs or expenses, including any allowances payable to persons in connection with their attendance before the tribunal;

(j) for taxing or otherwise settling any costs or expenses directed to be paid by the tribunal and for the enforcement of any such direction.

(2) A person who without reasonable excuse fails to comply with—

(a) any requirement imposed by virtue of sub-paragraph (1)(c), or

(b) any requirement with respect to the disclosure, production, recovery or inspection of documents which is imposed by virtue of sub-paragraph (1)(g),

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.