C5C15C16C17C18C6C8C9C11C13C12C14C19Part 3Mergers

Annotations:
Modifications etc. (not altering text)
C5

Pt. 3 (ss. 22-130) modified (20.6.2003) by 1998 c. 41, Sch. 7 para. 20(3) (as substituted by Enterprise Act 2002 (c. 40), ss. 185, 279, {Sch. 11 para. 11(2)-(4)(8)}; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C15

Pt. 3 applied (with modifications) (29.12.2004) by Water Industry Act 1991 (c. 56), Sch. 4ZA paras. 1, 2 (as inserted by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6); S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

C16

Pt. 3 (ss. 22-130) applied (1.10.2005) by Water Industry Act 1991 (c. 56), s. 17M(4) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)

C13

Pt. 3 excluded (28.6.2022) by 1992 c. 13, s. 56E(9B) (as inserted (E.W.) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(3)(f), 36(2))

C12

Pt. 3 excluded (28.6.2022) by 1992 c. 13, s. 56A(9B) (as inserted (E.W.) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(f), 36(2))

C14

Pt. 3 modified (1.7.2022) by 2006 c. 41, s. 72A (as inserted by Health and Care Act 2022 (c. 31), ss. 83(1), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))

C19

Pt. 3 modified (E.W.) (29.12.2004) by The Water Mergers (Modification of Enactments) Regulations 2004 (S.I. 2004/3202), regs. 2-35 (as amended (1.4.2014) by S.I. 2014/549, art. 1(1), Sch. 1 para. 22 (with art. 3); (18.12.2015) by S.I. 2015/1936, regs. 1, 3-20; (6.12.2023) by S.I. 2023/1185, arts. 1(2), 9-27)

C9Chapter 5Supplementary

Miscellaneous

C1120C9C10 Review of decisions under Part 3

1

Any person aggrieved by a decision F2mentioned in subsection (1A) may apply to the Competition Appeal Tribunal for a review of that decision.

F31A

The decisions are—

a

a decision of the CMA, OFCOM or the Secretary of State under this Part in connection with a reference or possible reference in relation to a relevant merger situation or a special merger situation;

b

a decision of the CMA under this Part in connection with transferred EU merger commitments.

2

For this purpose “decision”—

a

does not include a decision to impose a penalty under F1section 94A(1) or 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 F4or transferred EU merger commitments.

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

C10b

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.

C2C3C4C76

An appeal lies on any point of law arising from a decision of the Competition Appeal Tribunal under this section to the appropriate court.

C2C3C4C77

An appeal under subsection (6) requires the permission of the Tribunal or the appropriate court.

C2C3C4C78

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).