3[F1(A1)This paragraph applies to any appeal under section 46 or 47 other than—U.K.
(a)an appeal under section 46 against, or with respect to, a decision of the kind specified in subsection (3)(g) or (h) of that section, and
(b)an appeal under section 47(1)(b) or (c).]
(1)The [F2Tribunal] must determine the appeal on the merits by reference to the grounds of appeal set out in the notice of appeal.
(2)The [F2Tribunal] 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 [F3CMA] ,
(b)impose or revoke, or vary the amount of, a penalty,
(c)[F4grant or cancel an individual exemption or vary any conditions or obligations imposed in relation to the exemption by the [F3CMA] ,]
(d)give such directions, or take such other steps, as the [F3CMA] could [F5itself] have given or taken, or
(e)make any other decision which the [F3CMA] could [F5itself] have made.
(3)Any decision of the [F2Tribunal] on an appeal has the same effect, and may be enforced in the same manner, as a decision of the [F3CMA] .
(4)If the [F2Tribunal] confirms the decision which is the subject of the appeal it may nevertheless set aside any finding of fact on which the decision was based.
Textual Amendments
F1Sch. 8 para. 3(A1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 53(2) (with reg. 8)
F2Word in Sch. 8 para. 3 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(4), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F3Word in Sch. 8 para. 3(2)(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 57(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Sch. 8 para. 3(2)(c) ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 53(3) (with regs. 6(2), 8)
F5Word in Sch. 8 para. 3(2)(d)(e) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(54)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)