Competition Act 1998

Valid from 01/03/2000

46 Appealable decisions.U.K.

(1)Any party to an agreement in respect of which the Director has made a decision may appeal to the Competition Commission against, or with respect to, the decision.

(2)Any person in respect of whose conduct the Director has made a decision may appeal to the Competition Commission against, or with respect to, the decision.

(3)In this section “decision” means a decision of the Director—

(a)as to whether the Chapter I prohibition has been infringed,

(b)as to whether the Chapter II prohibition has been infringed,

(c)as to whether to grant an individual exemption,

(d)in respect of an individual exemption—

(i)as to whether to impose any condition or obligation under section 4(3)(a) or 5(1)(c),

(ii)where such a condition or obligation has been imposed, as to the condition or obligation,

(iii)as to the period fixed under section 4(3)(b), or

(iv)as to the date fixed under section 4(5),

(e)as to—

(i)whether to extend the period for which an individual exemption has effect, or

(ii)the period of any such extension,

(f)cancelling an exemption,

(g)as to the imposition of any penalty under section 36 or as to the amount of any such penalty,

(h)withdrawing or varying any of the decisions in paragraphs (a) to (f) following an application under section 47(1),

and includes a direction given under section 32, 33 or 35 and such other decision as may be prescribed.

(4)Except in the case of an appeal against the imposition, or the amount, of a penalty, the making of an appeal under this section does not suspend the effect of the decision to which the appeal relates.

(5)Part I of Schedule 8 makes further provision about appeals.

Valid from 01/03/2000

47 Third party appeals.U.K.

(1)A person who does not fall within section 46(1) or (2) may apply to the Director asking him to withdraw or vary a decision (“the relevant decision”) falling within paragraphs (a) to (f) of section 46(3) or such other decision as may be prescribed.

(2)The application must—

(a)be made in writing, within such period as the Director may specify in rules under section 51; and

(b)give the applicant’s reasons for considering that the relevant decision should be withdrawn or (as the case may be) varied.

(3)If the Director decides—

(a)that the applicant does not have a sufficient interest in the relevant decision,

(b)that, in the case of an applicant claiming to represent persons who have such an interest, the applicant does not represent such persons, or

(c)that the persons represented by the applicant do not have such an interest,

he must notify the applicant of his decision.

(4)If the Director, having considered the application, decides that it does not show sufficient reason why he should withdraw or vary the relevant decision, he must notify the applicant of his decision.

(5)Otherwise, the Director must deal with the application in accordance with such procedure as may be specified in rules under section 51.

(6)The applicant may appeal to the Competition Commission against a decision of the Director notified under subsection (3) or (4).

(7)The making of an application does not suspend the effect of the relevant decision.