The Competition Act 1998 (Director’s rules) Order 2000

Third party appeals

28.—(1) An application under section 47(1) asking the Director to withdraw or vary a decision shall:

(a) be submitted in writing to that Director within one month from the date of publication of that decision by means of entry in the register maintained by the Director General of Fair Trading under rule 8 above;

(b) comply with paragraph (2) below; and

(c) include the documents specified in paragraph (3) below.

(2) An application submitted under paragraph (1) above shall be signed by the applicant, or by a duly authorised representative of the applicant, and shall state the applicant’s reasons:

(a) for considering that he has a sufficient interest in the decision referred to in paragraph (1) above; or

(b) where he claims to represent persons who have a sufficient interest in that decision:

(i) for claiming that he represents those persons; and

(ii) for claiming that those persons have a sufficient interest in that decision.

(3) The documents specified for the purposes of paragraph (1) above are the following:

(a) three copies of the application; and

(b) where the application is signed by a solicitor or other representative of an applicant, written proof of that representative’s authority to act on that applicant’s behalf.

(4) The application is made on the date on which it is received by the Director to whom the appeal is made; that Director shall acknowledge receipt of the application by giving notice in writing to the applicant without delay.

(5) Where the applicant knows of material changes in the information contained in the application he shall without delay communicate those changes to the Director to whom the application is made.

(6) If the Director proposes to grant the application, he shall, subject to rules 25 and 26 above, consult all persons whom he was required by these rules to notify of the decision referred to in paragraph (1) above.

(7) If the Director grants the application, he shall give written notice of his decision to the applicant, and, subject to rules 25 and 26(2) above, to all persons whom he was required by these rules to notify of the decision referred to in paragraph (1) above, stating in his decision the facts on which he bases it and his reasons for it, and he shall publish his decision.