The following Competition practice note Produced in partnership with Emma Mockford of Brick Court Chambers provides comprehensive and up to date legal information covering:
This Practice Note explains the key procedural stages in bringing or defending an appeal under section 46 or 47 of the Competition Act 1998 before the Competition Appeal Tribunal (CAT or the Tribunal).
Sections 46 and 47 of the Competition Act 1998 enable appeals to be brought against decisions of the Competition and Markets Authority (CMA), as well as other sectoral regulators exercising concurrent competition law powers (see UK sector regulation and the concurrency regime — Concurrent enforcement of competition law). Section 46 governs the types of CMA decisions that can be appealed to the CAT by addressees of that decision. Decisions that are appealable under section 46 include any decision of the CMA (or a sectoral regulator with concurrent competition powers) that there has been infringement of the prohibition on restrictive agreements or the prohibition on abuse of dominance, as well as decisions as to the imposition of any penalty or any decision to release or not release commitments. Section 47 relates to third party appeals. Under section 47(1) and (2), various decisions of the CMA (or a sectoral regulator with concurrent competition powers) may be appealed by third parties who have a ‘sufficient interest’ in that decision.
The same procedure applies to all appeals regardless of whether they are brought by an addressee under section 46 or by third parties under section 47. This
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