Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Appeals against decisions of the CMA are heard by the Competition Appeal Tribunal (Sections 46-49 and Schedule 8). Any party to an agreement subject to a CMA decision or any person whose conduct has been subject to a CMA or the sectoral Regulator decision may appeal this decision. In hearing appeals of CMA decisions, the CAT is not limited to judicial review but may consider their full merits (i.e …

Appeals against decisions of the CMA

Appeals against decisions of the CMA are heard by the Competition Appeal Tribunal (Sections 46-49 and Schedule 8). Any party to an agreement subject to a CMA decision or any person whose conduct has been subject to a CMA or the sectoral Regulator decision may appeal this decision. In hearing appeals of CMA decisions, the CAT is not limited to judicial review but may consider their full merits (i.e. points of law and fact).

Third parties having a “sufficient interest” and bodies representing such parties are also able to appeal decisions of the CMA. However, for their appeal to be considered valid, they must have previously asked the CMA to withdraw or vary the relevant decision.

The CAT may confirm the decision, send the case back to the CMA, impose, revoke or vary the amount of a penalty, grant or cancel an individual exemption and more generally, make any other decision that the CMA could have made. The rules of procedure before the CAT can be found on the Tribunal's website (www.catribunal.org.uk).

There may be further appeals on points of law or the amount of a fine, which may be brought before the appropriate Court of Appeal in the United Kingdom. Points of law include errors of law, jurisdictional issues or essential procedural safeguards. The appropriate appeal courts are the Court of Appeal in England and Wales, the Court of Session in Scotland and the Court of Appeal in Northern Ireland. The ultimate court to hear appeals from any of these latter courts is the House of Lords (Competition Appeal Tribunal's Guide to appeal under the Competition Act 1998, June 2003).

Global Competition Law

1410. Appeals against decisions of the CMA

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Les notions juridiques connexes

1410. Appeals against decisions of the CMA

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise