Part I Competition

Chapter IVAppeals before the Tribunal and proceedings and settlements relating to infringements of competition law

Appeals before the Tribunal

46 Appealable decisions.

(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 F6F7assimilated 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.