The Competition Appeal Tribunal Rules 2015

PART 1INTRODUCTION

1Citation and commencement

2Interpretation

3Application of Rules

4Governing principles

6Tribunal address for service

7Tribunal website

8Representation

COMMENCING APPEAL PROCEEDINGS

9Time and manner of commencing appeals

10Defective notices of appeal

11Power to strike out

12Amendments to notice of appeal

13Withdrawal of the appeal

RESPONSE TO APPEAL PROCEEDINGS

14Acknowledgment and notification

INTERVENTION, CONSOLIDATION AND FORUM

17Consolidation

CASE MANAGEMENT

20Case management conference etc.

22Summoning or citing of witnesses

23Failure to comply with directions

INTERIM ORDERS AND MEASURES

24Power to make interim orders and to take interim measures

PART 3PROCEEDINGS UNDER THE 2002 ACT

25Time for commencing proceedings for a review under the 2002 Act

26Supplementary provisions concerning reviews

27Expert evidence

28Appeals in relation to penalties under section 114 of the 2002 Act

PART 4CLAIMS UNDER SECTION 47A OF THE 1998 ACT

29Application of Rules to proceedings in Scotland

COMMENCEMENT OF PROCEEDINGS

30Manner of commencing proceedings under section 47A of the 1998 Act

31Service out of the jurisdiction

32Amendments to claim form

RESPONSE TO A CLAIM

33Acknowledgment, service and notification

34Disputing the Tribunal’s jurisdiction

35Defence to a claim

36Reply to defence

37Further pleadings

ADDITIONAL PARTIES AND ADDITIONAL CLAIMS

38Additional parties

39Additional claims

40Powers on receipt of an additional claim

SUMMARY DISPOSAL

41Power to strike out

42Default judgment

43Summary judgment

44Withdrawal of the claim

OFFERS TO SETTLE

45Settlement offers

46Clarification of a Rule 45 Offer

47Withdrawing or changing a Rule 45 Offer

48Costs consequences of acceptance of a Rule 45 Offer

49Costs consequences following judgment

INTERVENTION, CONSOLIDATION AND FORUM

51Consolidation

CASE MANAGEMENT

54Case management conference etc.

56Summoning or citing of witnesses

57Failure to comply with directions

FAST-TRACK PROCEDURE

58Fast-track procedure

SECURITY FOR COSTS

59Security for costs

60Disclosure by parties to the proceedings

61Documents referred to in statements of case etc.

62Disclosure before proceedings start

63Orders for disclosure against a person not a party

64Claim to withhold inspection or disclosure of a document

65Restriction on use of a privileged document inspection of which has been inadvertently allowed

INTERIM PAYMENTS

66Interim payments on claims

67Injunctions generally

68Interim injunctions

69How to apply for an interim remedy

71Transfer of claims from the Tribunal

72Transfer of claims to the Tribunal

PART 5COLLECTIVE PROCEEDINGS AND COLLECTIVE SETTLEMENTS

73Scope and interpretation

COLLECTIVE PROCEEDINGS

75Manner of commencing proceedings under section 47B of the 1998 Act

76Response to a collective proceedings claim form

77Determination of the application for a collective proceedings order

78Authorisation of the class representative

79Certification of the claims as eligible for inclusion in collective proceedings

80The collective proceedings order

81Notice of the collective proceedings order

82Opting in and opting out of collective proceedings

83Class records

84Scope of the collective proceedings

85Stay of proceedings and variation or revocation of the collective proceedings order

86Individual settlement by the class representative in opt-in proceedings

87Applications for withdrawal by the class representative

88Case management of the collective proceedings

91Judgments and orders

92Assessment of damages

93Distribution of award

COLLECTIVE SETTLEMENTS

94Collective settlement where a collective proceedings order has been made: opt-out collective proceedings

95Collective settlements where a collective proceedings order has been made: opt-in proceedings

96Collective settlements where a collective proceedings order has not been made

97Collective settlement approval order

PART 6GENERAL AND SUPPLEMENTARY

99Hearing to be in public

CONFIDENTIALITY

101Requests for confidential treatment

102Subsequent use of documents provided in proceedings

DECISION OF THE TRIBUNAL

103Delivery of the decision

106Consent orders

APPEALS FROM THE TRIBUNAL

107Permission to appeal

108Decision of the Tribunal on request for permission to appeal

REFERENCES TO THE EUROPEAN COURT

109References to the European Court

110Power of President, chairman and Registrar to exercise powers of Tribunal

111Documents etc.

113Funding Arrangements

114Irregularities

115General power of the Tribunal

PART 7REFERENCE OF PRICE CONTROL MATTERS TO THE CMA UNDER THE 2003 ACT

116Reference of price control matters to the CMA

117Determination by the CMA of price control matters

PART 8REVOCATION AND SAVINGS

2015 No. 1648

Competition

The Competition Appeal Tribunal Rules 2015

Made7th September 2015

Laid before Parliament8th September 2015

Coming into force1st October 2015

Having consulted in accordance with section 15(1) of the Enterprise Act 20021, the Secretary of State makes the following Rules in exercise of the powers conferred by section 15(1) to (3) of, and Part 2 of Schedule 4 to, that Act and sections 192(3) and (4) and 193(1), (2)(b) and (3) of the Communications Act 20032.