Part 1Digital Markets

Chapter 7Enforcement and appeals

Applications for review

103Applications for review etc

(1)

A person with a sufficient interest in any decision to which subsection (2) applies may apply to the Tribunal in accordance with Tribunal rules for a review of that decision.

(2)

This subsection applies to any decision made by the CMA in connection with its digital markets functions (including a decision not to exercise a function) apart from—

(a)

a decision made by the CMA in connection with its functions under Chapter 5 (but see section 66);

(b)

a decision about the imposition of a penalty under section 85 or 87 (but see section 89(1)).

(3)

The making of an application under subsection (1) does not suspend the effect of the decision to which the application relates except so far as a direction to the contrary is given by the Tribunal.

(4)

In determining an application under this section, the Tribunal must apply the same principles as would be applied—

(a)

in the case of proceedings in England and Wales or Northern Ireland, by the High Court in determining proceedings on judicial review;

(b)

in the case of proceedings in Scotland, by the Court of Session on an application to the supervisory jurisdiction of that Court.

(5)

The 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 CMA with a direction to reconsider and make a new decision in accordance with the ruling of the Tribunal.

(6)

An appeal lies on any point of law arising from a decision of the 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—

(a)

in relation to England and Wales or Northern Ireland, the Court of Appeal, or

(b)

in relation to Scotland, the Court of Session.