Regulation 27 Appeals in relation to penalties
This regulation applies where a motor fuel trader on whom a financial penalty is imposed under regulation 19 is aggrieved by—
the imposition or nature of the penalty,
the amount or amounts of the penalty, or
the date by which the penalty is required to be paid or, as the case may be, the different dates by which portions of the penalty are required to be paid.
The motor fuel trader aggrieved may apply to the Competition Appeal Tribunal.
If a copy of the notice under regulation 21(4) (final penalty notice) was served on the motor fuel trader on whom the financial penalty was imposed, the application to the Competition Appeal Tribunal must, subject to paragraph (4), be made within the period of 28 days starting with the day on which the copy was served on the motor fuel trader concerned.
If the application relates to a decision of the CMA on an application by the motor fuel trader on whom the financial penalty was imposed under regulation 21(6) (application to CMA to specify different date for payment), the application to the Competition Appeal Tribunal must be made within the period of 28 days starting with the day on which the motor fuel trader concerned is notified of the decision.
On an application under this regulation, the Competition Appeal Tribunal may—
quash the financial penalty,
substitute a financial penalty of a different nature or of such lesser amount or amounts as the Competition Appeal Tribunal considers appropriate, or
in a case falling within paragraph (1)(c), substitute for the date or dates imposed by the CMA an alternative date or dates.
In considering what is appropriate for the purposes of paragraph (5) the Competition Appeal Tribunal must have regard to the guidance which was most recently published under regulation 25 (guidance on penalties) when the act or omission occurred.
The Competition Appeal Tribunal may not substitute a financial penalty of a different nature under paragraph (5)(b) unless it considers that the motor fuel trader on whom the penalty is imposed will, or is likely to, pay less under the substituted penalty than the motor fuel trader would have paid under the original penalty.
Where an application has been made under this regulation, the CMA may agree to reduce the amount or amounts of the financial penalty in settlement of the application.
Where the Competition Appeal Tribunal substitutes a financial penalty of a different nature or of a lesser amount or amounts it may require the payment of interest on the substituted penalty at such rate or rates, and from such date or dates, as it considers appropriate.
Where the Competition Appeal Tribunal specifies as a date by which the financial penalty, or a portion of the penalty, is to be paid a date before the determination of the application under this regulation, it may require the payment of interest on the penalty, or portion, from that date at such rate as it considers appropriate.
An appeal lies to the appropriate court—
on a point of law arising from a decision of the Competition Appeal Tribunal in proceedings under this regulation, or
from a decision of the Competition Appeal Tribunal in such proceedings as to the amount or amounts of a financial penalty.
An appeal under paragraph (11)—
may be brought by a party to the proceedings before the Competition Appeal Tribunal; and
requires the permission of the Competition Appeal Tribunal or the appropriate court.
In this regulation—
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“the appropriate court” means the Court of Appeal or, in the case of Tribunal proceedings in Scotland, the Court of Session;
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“the Competition Appeal Tribunal” means the tribunal established under section 12(1) of the Enterprise Act 2002f1.
Annotations
Footnotes
- f1