Section 11E Determination by CMA of appealF1F3C1

in the carrying out of its principal objective under section 3A;

in the performance of its duties under that section; and

in the performance of its duties under sections 3B and 3C.

may have regard to any matter to which the Authority was not able to have regard in relation to the decision which is the subject of the appeal; but

must not, in the exercise of that power, have regard to any matter to which the Authority would not have been entitled to have regard in reaching its decision had it had the opportunity of doing so.

that the Authority failed properly to have regard to any matter mentioned in subsection (2);

that the Authority failed to give the appropriate weight to any matter mentioned in subsection (2);

that the decision was based, wholly or partly, on an error of fact;

that the modifications fail to achieve, in whole or in part, the effect stated by the Authority by virtue of section 11A(7)(b);

that the decision was wrong in law.