SCHEDULES

SCHEDULE 5Appeals against penalties: information

Section 55

Appeals against penalties

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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this paragraph against a penalty, the CAA may not require the person to pay the penalty until the appeal is decided or withdrawn.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

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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

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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.