SCHEDULES
SCHEDULE 5Appeals against penalties: information
Appeals against penalties
I11
1
A person may appeal to the Competition Appeal Tribunal against a penalty imposed on the person under section 51 or 52.
2
The appeal may be against one or more of the following—
a
a decision to impose the penalty;
b
a decision as to the amount of the penalty;
c
in the case of a penalty calculated entirely or partly by reference to a daily amount, a decision as to the period during which daily amounts accumulate;
d
a decision as to the period allowed for payment of the penalty.
3
Where a person appeals under this paragraph against a penalty, the CAA may not require the person to pay the penalty until the appeal is decided or withdrawn.
Decisions on appeal
I22
1
The Competition Appeal Tribunal may allow an appeal under paragraph 1 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—
a
that the decision was based on an error of fact;
b
that the decision was wrong in law;
c
that an error was made in the exercise of a discretion.
2
It may—
a
confirm or set aside the penalty;
b
give the CAA such directions as it considers appropriate, including directions about the time within which the CAA must act.
3
It may not direct the CAA to do anything that the CAA would not have power to do apart from the direction.
4
The CAA must comply with directions under this paragraph.
5
When deciding an appeal under paragraph 1 (including giving directions), the Competition Appeal Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 1.
Further appeals
I33
1
An appeal lies to the appropriate court on a point of law arising from a decision of the Competition Appeal Tribunal under paragraph 2, including a direction.
2
An appeal under this paragraph may be brought by a party to the proceedings before the Competition Appeal Tribunal.
3
An appeal may not be brought under this paragraph without the permission of—
a
the Competition Appeal Tribunal, or
b
the appropriate court.
4
“The appropriate court” means—
a
in the case of an appeal from proceedings in England and Wales and Northern Ireland, the Court of Appeal, or
b
in the case of an appeal from proceedings in Scotland, the Court of Session.