PRACTICE NOTES
Competition Act 1998 appeals before the Competition Appeal Tribunal: procedural guide to commencing, defending, intervening, time limits, evidence, confidentiality, case management and further appeals
NOTE—
On 25 April 2023, the Government unveiled the Digital Markets, Competition and Consumers Bill (DMCC Bill), proposing major updates to UK competition law spanning merger control, antitrust, market studies/investigations and digital markets. The DMCC Bill will take effect once it has cleared Parliament. This Practice Note will be amended to capture the pertinent revisions when the DMCC Bill becomes law. For the principal changes introduced by the DMCC Bill, see further, The Digital Markets, Competition and Consumers Act 2024: key provisions from a competition and digital markets perspective.
This Practice Note outlines the main procedural steps for bringing or resisting 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 allow appeals to be made 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 sets out which categories of CMA decisions can be appealed to the CAT by the addressees of that decision. Decisions appealable under section 46 include any decision of the CMA...
Competition