The Competition Commission Appeal Tribunal Rules 2000

PART IIIRESPONSE TO THE APPLICATION

Acknowledgement and notification

11.  On receiving an application the Registrar shall–

(a)send an acknowledgement of its receipt to the applicant; and

(b)subject to rules 7(2) and 8 above, send a copy of the application to the respondent who made the disputed decision.

Defence

12.—(1) The respondent shall send to the Registrar a defence in the form required by this rule so that the defence is received within six weeks, (or such further time as the tribunal may allow), of the date on which the respondent received a copy of the application sent in accordance with rule 11(b) above.

(2) The defence shall state:–

(a)the name and address of the respondent;

(b)the name and address of the respondent’s legal representative, if appropriate;

(c)an address for service in the United Kingdom;

(d)in which part of the United Kingdom the respondent requests that the proceedings take place

and shall be signed and dated by the respondent, or on his behalf by his duly authorised officer or his legal representative.

(3) The defence shall contain:–

(a)a succinct presentation of the arguments of fact and law upon which the respondent will rely in opposing the application;

(b)the relief sought by the respondent and any directions sought pursuant to rule 17 below; and

(c)a schedule listing all the documents annexed to the defence.

(4) There shall be annexed to the defence a copy of every document upon which the respondent relies including the written statements of all witnesses of fact, and where practicable expert witnesses, if any.

(5) The signed original of the defence (and its annexes) must be accompanied by seven copies certified by the respondent or on his behalf by his duly authorised officer or his legal representative as conforming to the original.

(6) Rules 6(8), 7, 8 (except rule 8(1)(b)) and 9 shall apply to the defence as if references to “rule 6” were references to “rule 12”, references to “the applicant” were references to “the respondent”, references to “the application” were references to “the defence”, the reference in rule 8(1)(a) above to “ground of appeal” were a reference to “ground for opposing the application” and the reference in rule 9(3) above to “ the decision” were a reference to “the application”.

(7) On receiving the defence, the Registrar shall send a copy to the applicant.