Article 4 Appeal on a point of law

Order 61 shall be amended by adding after rule 16 the following new rules—

“Application for leave to appeal to the Court of Appeal under section 49(1)(a) of the Competition Act 1998

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(1)

In this rule and rule 18—

• “the Act” means the Competition Act 1998^f1; and

• “the appeal tribunal” means the appeal tribunal established under section 48(1) of the Act and constituted in accordance with the provisions of Part III of Schedule 7 to the Act.

(2)

An application for leave to appeal to the Court of Appeal under section 49(1)(a) of the Act shall be made within 28 days of the appeal tribunal’s decision to refuse leave to appeal.

(3)

Such an application shall be made ex-parte by lodging the following documents in the Central Office, namely—

(a)

a certified copy of the appeal tribunal’s decision to refuse to grant leave to appeal and

(b)

a statement of the grounds of the application.

(4)

The proper officer shall notify the parties of the determination of the Court of Appeal.

(5)

Where leave to appeal has been granted the applicant shall notify the Chairman of the appeal tribunal.

Appeal from the appeal tribunal

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(1)

Where leave to appeal to the Court of Appeal under section 49(1)(a) of the Act has been granted by the appeal tribunal or by the Court of Appeal, the time limit specified in rule 1(2)(a) for lodging the requisition to state the case shall be calculated from the date leave was so granted.

(2)

On entering an appeal for hearing a copy of the order granting leave to appeal by the appeal tribunal or by the Court of Appeal must be lodged in the Central Office together with the case stated and the requisition for hearing.”.