120 Review of decisions under Part 3F2U.K.
(1)Any person aggrieved by a decision of the OFT, [F1OFCOM,] the Secretary of State or the Commission under this Part in connection with a reference or possible reference in relation to a relevant merger situation or a special merger situation may apply to the Competition Appeal Tribunal for a review of that decision.
(2)For this purpose “decision”—
(a)does not include a decision to impose a penalty under section 110(1) or (3); but
(b)includes a failure to take a decision permitted or required by this Part in connection with a reference or possible reference.
(3)Except in so far as a direction to the contrary is given by the Competition Appeal Tribunal, the effect of the decision is not suspended by reason of the making of the application.
(4)In determining such an application the Competition Appeal Tribunal shall apply the same principles as would be applied by a court on an application for judicial review.
(5)The Competition Appeal Tribunal may—
(a)dismiss the application or quash the whole or part of the decision to which it relates; and
(b)where it quashes the whole or part of that decision, refer the matter back to the original decision maker with a direction to reconsider and make a new decision in accordance with the ruling of the Competition Appeal Tribunal.
(6)An appeal lies on any point of law arising from a decision of the Competition Appeal Tribunal under this section to the appropriate court.
(7)An appeal under subsection (6) requires the permission of the Tribunal or the appropriate court.
(8)In this section—
“the appropriate court” means the Court of Appeal or, in the case of Tribunal proceedings in Scotland, the Court of Session; and
“Tribunal rules” has the meaning given by section 15(1).
Textual Amendments
F1Word in s. 120(1) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 389(1), 411(2)(3), Sch. 16 para. 22 (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
Modifications etc. (not altering text)
C1S. 120 applied (with modifications) (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 15, Sch. 3 para. 1(1)(z)(21) (as amended (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 18(1)-(17) (with arts. 20-23))
C2S. 120(6)-(8) applied (1.9.2004) by Energy Act 2004 (c. 20), ss. 141, 198(2), Sch. 18 para. 15; S.I. 2004/2184, art. 2(2), Sch. 2
C3S. 120(6)-(8) applied (N.I.) (3.7.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), reg. 28
C4S. 120(6)-(8) applied (N.I.) (prosp.) by The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I 2007/913 (N.I. 7)), arts. 1, 5, {Sch. 1 para. 15}
Textual Amendments applied to the whole legislation
F2Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]