SCHEDULES
SCHEDULE 1Appeals against determinations
Decisions on appeal
I13
1
The Competition Appeal Tribunal may allow an appeal under paragraph 1 only to the extent that it is satisfied that the market power determination or operator determination appealed against was wrong on one or more of the following grounds—
a
that the determination was based on an error of fact;
b
that the determination was wrong in law;
c
that an error was made in the exercise of a discretion.
2
It may—
a
confirm or set aside all or part of the market power determination or operator determination;
b
direct the CAA to make a further determination;
c
give the CAA such other directions as it considers appropriate, including directions about the time within which the CAA must act.
3
It may not direct the CAA to do anything that the CAA would not have power to do apart from the direction.
4
The CAA must comply with directions under this paragraph.
5
If the CAA fails to comply with a direction to make a further market power determination in respect of an airport area within the time specified by the Competition Appeal Tribunal, the Tribunal may make the determination.
6
If the Competition Appeal Tribunal makes a market power determination under sub-paragraph (5)—
a
the determination has effect as if made by the CAA, and
b
section 8 applies in relation to the determination as if the references to the CAA were references to the Competition Appeal Tribunal.
7
If the CAA fails to comply with a direction to make a further operator determination in respect of a person and an airport area within the time specified by the Competition Appeal Tribunal, the Tribunal may make the determination.
8
If the Competition Appeal Tribunal makes an operator determination under sub-paragraph (7)—
a
the determination has effect as if made by the CAA under section 10(1), and
b
sections 10(2) and 11(1) to (3) and (5) apply in relation to the determination as if the references to the CAA were references to the Competition Appeal Tribunal.