Part 3

Mergers
Chapter 5

Supplementary

Miscellaneous

Review of decisions under Part 3
120
1
Any person aggrieved by a decision mentioned in subsection (1A) may apply to the Competition Appeal Tribunal for a review of that decision.
1A
The decisions are—
a
a decision of the CMA, OFCOM or the Secretary of State under this Part in connection with a reference or possible reference in relation to a relevant merger situation or a special merger situation;
aa
a decision of the CMA or the Secretary of State in connection with a foreign state newspaper merger situation;
b
a decision of the CMA under this Part in connection with transferred EU merger commitments.
c
a decision of the CMA or the Secretary of State for the purposes of Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024 in connection with a request from an overseas regulator (within the meaning of that Chapter) for the CMA to assist the regulator in carrying out functions of the regulator which correspond or are similar to the functions of the CMA under this Part.
2
For this purpose “decision”—
a
does not include a decision to impose a penalty under section 94AA(1) or 110(1) or (1A); but
b
includes a failure to take a decision permitted or required by
i
this Part in connection with a reference or possible reference or transferred EU merger commitments
ia
Chapter 3A of this Part;
ii
Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024 in connection with a request from an overseas regulator (within the meaning of that Chapter) for the CMA to assist the regulator in carrying out functions of the regulator which correspond or are similar to the functions of the CMA under this Part.
3
Except in so far as a direction to the contrary is given by the Competition Appeal Tribunal, the effect of the decision is not suspended by reason of the making of the application.
4
In determining such an application the Competition Appeal Tribunal shall apply the same principles as would be applied by a court on an application for judicial review.
5
The Competition Appeal Tribunal may—
a
dismiss the application or quash the whole or part of the decision to which it relates; and
b
where it quashes the whole or part of that decision, refer the matter back to the original decision maker with a direction to reconsider and make a new decision in accordance with the ruling of the Competition Appeal Tribunal.
6
An appeal lies on any point of law arising from a decision of the Competition Appeal Tribunal under this section to the appropriate court.
7
An appeal under subsection (6) requires the permission of the Tribunal or the appropriate court.
8
In this section—
- “the appropriate court” means the Court of Appeal or, in the case of Tribunal proceedings in Scotland, the Court of Session; and
- “Tribunal rules” has the meaning given by section 15(1).
S. 120 applied (with modifications) (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 15, Sch. 3 para. 1(1)(z)(21) (as amended (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 18(1)-(17) (with arts. 20-23))
S. 120(6)-(8) applied (1.9.2004) by Energy Act 2004 (c. 20), ss. 141, 198(2), Sch. 18 para. 15; S.I. 2004/2184, art. 2(2), Sch. 2
S. 120(6)-(8) applied (N.I.) (3.7.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), reg. 28
S. 120(6)-(8) applied (N.I.) (prosp.) by The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I 2007/913 (N.I. 7)), arts. 1, 5, {Sch. 1 para. 15}
Pt. 3 (ss. 22-130) modified (20.6.2003) by 1998 c. 41, Sch. 7 para. 20(3) (as substituted by Enterprise Act 2002 (c. 40), ss. 185, 279, {Sch. 11 para. 11(2)-(4)(8)}; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
Pt. 3 excluded in part (29.9.2008) by The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 (S.I. 2008/2546), arts. 1(2), 40
S. 120(6)-(8) applied (N.I.) (15.4.2011) by The Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 1, Sch. 1 para. 14
Pt. 3 modified (1.7.2012) by Health and Social Care Act 2012 (c. 7), ss. 79, 306(4); S.I. 2012/1319, art. 2(3)
Pt. 3 modified (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 4 para. 56; S.I. 2014/416, art. 2(1)(c) (with Sch.)
S. 120(5)(b) modified by S.I. 2003/1592, art. 5A(h) (as inserted (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 7 (with arts. 20-23))
Words in s. 120(2)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 31(2), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
Pt. 3 modified (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 4 paras. 28-33; 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 120(1) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 51A(2) (with Sch. 4 para. 28) (as amended by S.I. 2020/1343, regs. 1(1), 10, 35-59); 2020 c. 1, Sch. 5 para. 1(1)
S. 120(1A) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 51A(3) (with Sch. 4 para. 28) (as amended by S.I. 2020/1343, regs. 1(1), 10, 35-59); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 120(2)(b) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 51A(4) (with Sch. 4 para. 28) (as amended by S.I. 2020/1343, regs. 1(1), 10, 35-59); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 3 excluded (28.6.2022) by 1992 c. 13, s. 56A(9B) (as inserted (E.W.) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(f), 36(2))
Pt. 3 excluded (28.6.2022) by 1992 c. 13, s. 56E(9B) (as inserted (E.W.) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(3)(f), 36(2))
Pt. 3 modified (1.7.2022) by 2006 c. 41, s. 72A (as inserted by Health and Care Act 2022 (c. 31), ss. 83(1), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))
Pt. 3 applied (with modifications) (29.12.2004) by Water Industry Act 1991 (c. 56), Sch. 4ZA paras. 1, 2 (as inserted by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6); S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
Pt. 3 (ss. 22-130) applied (1.10.2005) by Water Industry Act 1991 (c. 56), s. 17M(4) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)
Pt. 3 applied (1.10.2005) by Water Industry Act 1991 (c. 56), s. 17Q(9) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)
Pt. 3 applied in part (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3), 23(4), 27(9); S.R. 2007/194, art. 2(2), Sch. 1 Pt. 2 (with Sch. 2)
S. 120(1A)(aa) inserted (24.5.2024) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(a), Sch. 7 para. 4(8) (with s. 130(2)(3))
Pt. 3 modified (E.W.) (29.12.2004) by The Water Mergers (Modification of Enactments) Regulations 2004 (S.I. 2004/3202), regs. 2-35 (as amended (1.4.2014) by S.I. 2014/549, art. 1(1), Sch. 1 para. 22 (with art. 3); (18.12.2015) by S.I. 2015/1936, regs. 1, 3-20; (6.12.2023) by S.I. 2023/1185, arts. 1(2), 9-27); and (23.8.2024) by S.I. 2024/840, regs. 1(1), 3-7; and (1.1.2025) by S.I. 2024/1234, regs. 1(1), 3-10 (with reg. 11))
S. 120 applied (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 66, 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
Word in s. 120(2)(a) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 25; S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 14(1)(2), 20)
Word in s. 120(2)(a) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 11 para. 13; S.I. 2024/1226, regs. 1(2), 2(1)(15) (with Sch. paras. 16(2)(3), 20)
Words in s. 120(2)(b) renumbered as s. 120(2)(b)(i) (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 4(3)(a); S.I. 2024/1226, regs. 1(2), 2(1)(20)
S. 120(2)(b)(ii) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 4(3)(b); S.I. 2024/1226, regs. 1(2), 2(1)(20)
S. 120(1A)(c) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 4(2); S.I. 2024/1226, regs. 1(2), 2(1)(20)
S. 120(2)(b)(ia) inserted (retrospective to 13.3.2024) by The Enterprise Act 2002 (Mergers Involving Newspaper Enterprises and Foreign Powers) Regulations 2025 (S.I. 2025/922), regs. 1(3), 3