Competition Act 1998

46 Appealable decisions.U.K.

(1)Any party to an agreement in respect of which the [F1CMA] has made a decision may appeal to [F2the Tribunal] against, or with respect to, the decision.

(2)Any person in respect of whose conduct the [F1CMA] has made a decision may appeal to [F2the Tribunal] against, or with respect to, the decision.

[F3(3)In this section “decision” means a decision of the [F1CMA] —

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

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)cancelling a block or [F6[F7assimilated] exemption],

F8(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)not releasing commitments pursuant to a request made under section 31A(4)(b)(i),

(h)releasing commitments under section 31A(4)(b)(ii),

[F9(ha)to make directions under section 35,

(hb)not to make directions under section 35,]

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

and includes a direction under section 32 [F10or 33] and such other decisions under this Part 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.

Textual Amendments

F2Words in s. 46(1)(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 2(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Modifications etc. (not altering text)

C1Pt. 1 certain functions made exercisable concurrently by 1998 c. 41, s. 67(3) (as substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 6(2)(a))

C2Pt. 1 certain functions made exercisable concurrently by 1991 c. 56, s. 31(3) (as substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 4(2)(a))

C3Pt. 1 certain functions made exercisable concurrently by S.I. 1992/231 (N.I. 1) art. 46(3) (as substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 5(2)(a))

C4Pt. 1 certain functions made exercisable concurrently by 1986 c. 44, s. 36A(3) (as substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 1(2)(a))

C6Pt. 1 certain functions made exercisable concurrently by 1989 c. 29, s. 43(3) (as substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 3(2)(a))

C7Pt. 1 certain functions made exercisable concurrently by S.I. 1996/275 (N.I. 2), art. 23(3) (as substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 9(2)(a))

C8Ss. 46-47 modified (1.3.2000) by S.I. 2000/261, rule 3

Ss. 46-47 modified (1.3.2000) by S.I. 2000/261, rule 6