This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Rules)
These Rules amend the Competition Appeal Tribunal Rules 2015 (S.I. 2015/1648) (“the CAT Rules”) to enable Part 3 of the CAT Rules to apply to applications to review certain decisions of, and appeals of penalties imposed by, the Competition and Markets Authority (“the CMA”) under its digital markets and competition functions pursuant to the Digital Markets, Competition and Consumers Act 2024 (c. 13) (“the 2024 Act”). These Rules also make a minor amendment to the CAT Rules consequential to the Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93) (“the EU Exit Regulations”).
Paragraphs 1 to 4(a) of the Schedule make technical consequential amendments to the CAT Rules to refer to the 2024 Act.
Paragraphs 4(b) to 6 of the Schedule make amendments to CAT Rules 25 to 27 to include provisions for the CMA’s decisions that are subject to review as a result of the 2024 Act, either by operation of section 120 of the Enterprise Act 2002 (c. 40) (“the 2002 Act”) (as amended by the EU Exit Regulations to refer to a CMA decision in connection with transferred EU merger commitments) as amended or applied by the 2024 Act, or by operation of section 103 of the 2024 Act.
Paragraph 7 of the Schedule makes amendments to CAT Rule 28 to ensure that the provisions contained in that rule apply to procedures for appeals concerning CMA’s penalties imposed under its digital markets functions (see sections 85 and 87 of the 2024 Act), competition regime (see Schedules 10 and 11 of the 2024 Act which amend the Competition Act 1998 (c. 41) (“the 1998 Act”)), and motor fuel competition (section 312 of the 2024 Act). See further sections 89 and 313 of the 2024 Act, and sections 35B and 40ZE of the 1998 Act, which provide for certain provisions relating to appeals in the 2002 Act to apply.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An impact assessment was produced for the 2024 Act and is available from the Department for Business and Trade at Old Admiralty Building, Admiralty Place, London SW1A 2DY.
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