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Section 47 Third party appealsC1C2

United Kingdom

(1)

F1F2A person who does not fall within section 46(1) or (2) may appeal to the Tribunal with respect to—

(a)

a decision falling within F3paragraph (a), (c) or (e) of section 46(3);

(b)

a decision falling within paragraph (g) of section 46(3);

(c)

a decision of the F4CMA to accept or release commitments under section 31A, or to accept a variation of such commitments other than a variation which is not material in any respect;

(d)

a decision of the CMA to make directions under section 35;

(e)

a decision of the CMA not to make directions under section 35; or

(f)

such other decision of the CMA under this Part as may be prescribed.

(2)

A person may make an appeal under subsection (1) only if the Tribunal considers that he has a sufficient interest in the decision with respect to which the appeal is made, or that he represents persons who have such an interest.

(3)

The making of an appeal under this section does not suspend the effect of the decision to which the appeal relates.

Annotations

Textual amendments

F1

S. 47 substituted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 17, 279; S.I. 2003/1397, art. 2(1), Sch. (with art. 5)

F2

S. 47(1) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 30(2) (with reg. 8)

F3

Words in s. 47(1)(a) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 15 (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

F4

Word in s. 47(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 27 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Modifications

C1

Ss. 46-47 modified (1.3.2000) by S.I. 2000/261, rule. 3

Ss. 46-47 modified (1.3.2000) by S.I. 2000/261, rule 6

C2

Ss. 46-49 applied in part (31.10.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(3), 22