Paragraph 3

United Kingdom

F1(A1)

This paragraph applies to any appeal under section 46 or 47 other than—

(a)

an appeal under section 46 against, or with respect to, a decision of the kind specified in subsection (3)(g) F2, (h), (ha) or (hb) of that section, and

(b)

an appeal under section 47(1)(b) F3, (c), (d) or (e).

(1)

The F4Tribunal must determine the appeal on the merits by reference to the grounds of appeal set out in the notice of appeal.

(2)

The Tribunal may confirm or set aside the decision which is the subject of the appeal, or any part of it, and may—

(a)

remit the matter to the F5CMA ,

(b)

impose or revoke, or vary the amount of, a penalty,

(c)

~~F6grant or cancel an individual exemption or vary any conditions or obligations imposed in relation to the exemption by the~~ ~~CMA~~ ,

(d)

give such directions, or take such other steps, as the CMA could F7itself have given or taken, or

(e)

make any other decision which the CMA could itself have made.

(3)

Any decision of the Tribunal on an appeal has the same effect, and may be enforced in the same manner, as a decision of the CMA .

(4)

If the Tribunal confirms the decision which is the subject of the appeal it may nevertheless set aside any finding of fact on which the decision was based.

Annotations

Textual amendments

F1: Sch. 8 para. 3(A1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 53(2) (with reg. 8)
F2: Words in Sch. 8 para. 3(A1)(a) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 124(3)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 3, 20)
F3: Words in Sch. 8 para. 3(A1)(b) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 124(3)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 3, 20)
F4: Word in Sch. 8 para. 3 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(4), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F5: Word in Sch. 8 para. 3(2)(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 57(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6: Sch. 8 para. 3(2)(c) ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 53(3) (with regs. 6(2), 8)
F7: Word in Sch. 8 para. 3(2)(d)(e) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(54)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Notes on the whole Act

Textual amendments

F1: Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1