UK merger appeals—practice and procedure under the Enterprise Act 2002
UK merger appeals—practice and procedure under the Enterprise Act 2002

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • UK merger appeals—practice and procedure under the Enterprise Act 2002
  • Who can appeal
  • Examples of appeals
  • CAT’s powers of review
  • Key procedural aspects in the CAT
  • Time limits
  • Further appeals from the CAT

BREXIT: The law and practice referred to in this Practice Note may be impacted by Brexit. For further information on the potential impact, see: The effect of Brexit on UK competition law in a deal or no deal scenario.

Section 120 of the Enterprise Act 2002 introduced procedures for merging parties and other affected parties to challenge a merger decision of the Competition and Markets Authority (CMA) or the Secretary of State to the Competition Appeal Tribunal (CAT). The CAT was set up as an independent competition specialist tribunal under section 12 of the Enterprise Act 2002 and its role includes hearing appeals from those able to establish the necessary standing in respect of decisions made by the CMA or the Secretary of State as the case may be.

The CAT’s jurisdiction to review merger decisions is limited to reviewing the legality of the decision making process, rather than being an appeal on the merits.

In reviewing merger decisions, the CAT will apply the same principles that are applied by a court on the application for judicial review. An action for judicial review gives a court the power to intervene on the grounds that the decision is unreasonable, the decision maker has misdirected itself or has treated the parties unfairly.

Note-this Practice Note does not cover the following areas:

  1. review of decisions taken in

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