Part 3Mergers
Chapter 5Supplementary
Investigation powers
114 Appeals in relation to penalties
(1)
This section applies if a person on whom a penalty is imposed under section 110(1) or F1(1A) is aggrieved by—
(a)
the imposition or nature of the penalty;
(b)
the amount or amounts of the penalty; or
(c)
the date by which the penalty is required to be paid or (as the case may be) the different dates by which portions of the penalty are required to be paid.
(2)
The person aggrieved may apply to the Competition Appeal Tribunal.
(3)
If a copy of the notice under section 112(1) was served on the person on whom the penalty was imposed, the application to the Competition Appeal Tribunal shall, subject to subsection (4), be made within—
(a)
the period of 28 days starting with the day on which the copy was served on the person concerned; or
(b)
such other period as the Secretary of State may by order specify.
(4)
If the application relates to a decision of F2the appropriate authority on an application by the person on whom the penalty was imposed under section 112(3), the application to the Competition Appeal Tribunal shall be made within—
(a)
the period of 28 days starting with the day on which the person concerned is notified of the decision; or
(b)
such other period as the Secretary of State may by order specify.
(5)
On an application under this section, the Competition Appeal Tribunal may—
(a)
quash the penalty;
(b)
substitute a penalty of a different nature or of such lesser amount or amounts as the Competition Appeal Tribunal considers appropriate; or
(c)
in a case falling within subsection (1)(c), substitute for the date or dates imposed by F3the appropriate authority an alternative date or dates;
if it considers it appropriate to do so.
F4(5A)
In the case of a penalty imposed on a person by the CMA or OFCOM, in considering what is appropriate for the purposes of subsection (5) the Competition Appeal Tribunal must have regard to the relevant guidance.
(6)
The Competition Appeal Tribunal shall not substitute a penalty of a different nature under subsection (5)(b) unless it considers that the person on whom the penalty is imposed will, or is likely to, pay less under the substituted penalty than he would have paid under the original penalty.
(7)
Where an application has been made under this section—
(a)
the penalty shall not be required to be paid until the application has been determined, withdrawn or otherwise dealt with; and
(b)
F5the appropriate authority may agree to reduce the amount or amounts of the penalty in settlement of the application.
(8)
Where the Competition Appeal Tribunal substitutes a penalty of a different nature or of a lesser amount or amounts it may require the payment of interest on the substituted penalty at such rate or rates, and from such date or dates, as it considers appropriate.
(9)
Where the Competition Appeal Tribunal specifies as a date by which the penalty, or a portion of the penalty, is to be paid a date before the determination of the application under this section it may require the payment of interest on the penalty, or portion, from that date at such rate as it considers appropriate.
(10)
An appeal lies to the appropriate court—
(a)
on a point of law arising from a decision of the Tribunal in proceedings under this section; or
(b)
from a decision of the Tribunal in such proceedings as to the amount or amounts of a penalty.
(11)
An appeal under subsection (10)—
(a)
may be brought by a party to the proceedings before the Tribunal; and
(b)
requires the permission of the Tribunal or the appropriate court.
(12)
In this section
F6(a)
“the appropriate court” means the Court of Appeal or, in the case of Tribunal proceedings in Scotland, the Court of Session.
F7(b)
“the relevant guidance” means—
(i)
in the case of a penalty imposed on a person by the CMA, the statement of policy which was most recently published under section 116 at the time when the act or omission concerned occurred;
(ii)
in the case of a penalty imposed on a person by OFCOM, the statement of policy which was most recently published under section 392 of the Communications Act 2003 (penalties imposed by OFCOM) at the time when the act or omission concerned occurred.