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Section 120 Review of decisions under Part 3C8C3C1C2

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Any person aggrieved by a decision F1mentioned in subsection (1A) may apply to the Competition Appeal Tribunal for a review of that decision.

(1A)

F2The decisions are—

(a)

a decision of the CMA, OFCOM or the Secretary of State under this Part in connection with a reference or possible reference in relation to a relevant merger situation or a special merger situation;

(aa)

F3a decision of the CMA or the Secretary of State in connection with a foreign state newspaper merger situation;

(b)

a decision of the CMA under this Part in connection with transferred EU merger commitments.

(c)

F4a decision of the CMA or the Secretary of State for the purposes of Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024 in connection with a request from an overseas regulator (within the meaning of that Chapter) for the CMA to assist the regulator in carrying out functions of the regulator which correspond or are similar to the functions of the CMA under this Part.

(2)

For this purpose “decision”—

(a)

does not include a decision to impose a penalty under F5section F694AA(1) or 110(1) or F7(1A); but

(b)

includes a failure to take a decision permitted or required by

(i)

this Part in connection with a reference or possible reference F9or transferred EU merger commitments

(ia)

F10Chapter 3A of this Part;

(ii)

F11 Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024 in connection with a request from an overseas regulator (within the meaning of that Chapter) for the CMA to assist the regulator in carrying out functions of the regulator which correspond or are similar to the functions of the CMA under this Part.

(3)

Except in so far as a direction to the contrary is given by the Competition Appeal Tribunal, the effect of the decision is not suspended by reason of the making of the application.

(4)

In determining such an application the Competition Appeal Tribunal shall apply the same principles as would be applied by a court on an application for judicial review.

(5)

The Competition Appeal Tribunal may—

(a)

dismiss the application or quash the whole or part of the decision to which it relates; and

(b)

where it quashes the whole or part of that decision, refer the matter back to the original decision maker with a direction to reconsider and make a new decision in accordance with the ruling of the Competition Appeal Tribunal.

(6)

An appeal lies on any point of law arising from a decision of the Competition Appeal Tribunal under this section to the appropriate court.

(7)

An appeal under subsection (6) requires the permission of the Tribunal or the appropriate court.

(8)

In this section—

  • “the appropriate court” means the Court of Appeal or, in the case of Tribunal proceedings in Scotland, the Court of Session; and

  • “Tribunal rules” has the meaning given by section 15(1).

Annotations

Textual amendments

F1

Words in s. 120(1) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 51A(2) (with Sch. 4 para. 28) (as amended by S.I. 2020/1343, regs. 1(1), 10, 35-59); 2020 c. 1, Sch. 5 para. 1(1)

F2

S. 120(1A) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 51A(3) (with Sch. 4 para. 28) (as amended by S.I. 2020/1343, regs. 1(1), 10, 35-59); 2020 c. 1, Sch. 5 para. 1(1)

F3

S. 120(1A)(aa) inserted (24.5.2024) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(a), Sch. 7 para. 4(8) (with s. 130(2)(3))

F4

S. 120(1A)(c) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 4(2); S.I. 2024/1226, regs. 1(2), 2(1)(20)

F5

Words in s. 120(2)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 31(2), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

F6

Word in s. 120(2)(a) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 11 para. 13; S.I. 2024/1226, regs. 1(2), 2(1)(15) (with Sch. paras. 16(2)(3), 20)

F7

Word in s. 120(2)(a) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 25; S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 14(1)(2), 20)

F8

Words in s. 120(2)(b) renumbered as s. 120(2)(b)(i) (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 4(3)(a); S.I. 2024/1226, regs. 1(2), 2(1)(20)

F9

Words in s. 120(2)(b) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 51A(4) (with Sch. 4 para. 28) (as amended by S.I. 2020/1343, regs. 1(1), 10, 35-59); 2020 c. 1, Sch. 5 para. 1(1)

F10

S. 120(2)(b)(ia) inserted (retrospective to 13.3.2024) by The Enterprise Act 2002 (Mergers Involving Newspaper Enterprises and Foreign Powers) Regulations 2025 (S.I. 2025/922), regs. 1(3), 3

F11

S. 120(2)(b)(ii) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 4(3)(b); S.I. 2024/1226, regs. 1(2), 2(1)(20)

Modifications

C1

S. 120 applied (with modifications) (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 15, Sch. 3 para. 1(1)(z)(21) (as amended (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 18(1)-(17) (with arts. 20-23))

C2

S. 120 applied (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 66, 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)

C3

S. 120(5)(b) modified by S.I. 2003/1592, art. 5A(h) (as inserted (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 7 (with arts. 20-23))

C4

S. 120(6)-(8) applied (1.9.2004) by Energy Act 2004 (c. 20), ss. 141, 198(2), Sch. 18 para. 15; S.I. 2004/2184, art. 2(2), Sch. 2

C5

S. 120(6)-(8) applied (N.I.) (3.7.2007) by Electricity Regulations (Northern Ireland) 2007 (S.R. 2007/321), reg. 28

C6

S. 120(6)-(8) applied (N.I.) (prosp.) by The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 (S.I 2007/913 (N.I. 7)), arts. 1, 5, {Sch. 1 para. 15}

C7

S. 120(6)-(8) applied (N.I.) (15.4.2011) by The Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011 (S.R. 2011/155), reg. 1, Sch. 1 para. 14

C8

Pt. 3 modified (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 4 para. 56; S.I. 2014/416, art. 2(1)(c) (with Sch.)