Paragraph 32 I1

(1)

Where an application under this Schedule or an appeal is withdrawn, an authorised member of the F1Competition and Markets Authority may make such order as the member thinks fit requiring the parties to the application or appeal to make payments to each other and to F2the Competition and Markets Authority in respect of costs incurred in connection with the application or appeal.

(2)

A group that determines an appeal must make an order requiring the payment to the F3Competition and Markets Authority of the costs incurred by F4the Competition and Markets Authority in connection with the appeal.

(3)

An order under sub-paragraph (2) must require those costs to be paid—

(a)

where the appeal is allowed in full, by the CAA,

(b)

where the appeal is dismissed in full, by the appellant, and

(c)

where the appeal is allowed in part, by the appellant and the CAA in such proportions as the F5group considers appropriate,

subject to sub-paragraph (4).

(4)

The order may require an intervener in the appeal to pay such proportion of those costs (if any) as the group considers appropriate.

(5)

A group that determines an appeal may make such order as it thinks fit requiring one party to the appeal to make payments to another in respect of costs reasonably incurred by the other party in connection with the appeal.

(6)

A person who is required to make a payment by an order under this paragraph must comply with the order before the end of the period of 28 days beginning with the day after the making of the order.

(7)

If that person does not do so, the unpaid balance carries interest at a rate specified in the order or determined in accordance with the order.

(8)

In this paragraph, references to an intervener in an appeal, and to a party to an appeal, include a person who was granted permission to intervene in the appeal and subsequently withdrew from the appeal.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 32(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(31)(a)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2: Words in Sch. 2 para. 32(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(31)(a)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3: Words in Sch. 2 para. 32(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(31)(b)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4: Words in Sch. 2 para. 32(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(31)(b)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F5: Words in Sch. 2 para. 32(3)(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(31)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement

I1: Sch. 2 para. 32 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)