Part 9Reviews and appeals
85Proceedings before the Competition Appeal Tribunal
(1)
The Tribunal must determine any appeal under section 84(1) in relation to—
(a)
a reviewable decision listed in section 84(3), or
(b)
a decision or deemed decision of an applicable reviewer under section 83(2) in respect of a reviewable decision listed in section 84(3),
on the merits by reference to the grounds of appeal set out in the notice of appeal.
(2)
The Tribunal must determine any other appeal under section 84(1) by applying the same principles as would be applied by the High Court in determining proceedings on judicial review.
(3)
Where subsection (1) applies in relation to an appeal, the Tribunal may confirm or set aside the decision which is the subject of the appeal, or any part of it, and may—
(a)
remit the matter to the IFR or the applicable reviewer (as the case may be),
(b)
take such other steps as the IFR or the applicable reviewer could have taken, or
(c)
make any other decision which the IFR or the applicable reviewer could have made.
(4)
Where subsection (2) applies in relation to an appeal, the Tribunal—
(a)
may dismiss the appeal or quash the whole or part of the decision to which it relates, and
(b)
may, where it quashes the whole or part of that decision, remit the matter to the IFR with a direction to reconsider and make a new decision in accordance with the ruling of the Tribunal.
(5)
In subsection (1), the reference to a deemed decision of an applicable reviewer is to a decision that the applicable reviewer is treated as having made by virtue of section 82(5)(b) or 83(6)(a).