Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Appeal definition

What does Appeal mean? An appeal is the process for challenging a decision and asking a higher court, tribunal or internal decision-maker to review it, for example after a disciplinary or dismissal outcome, or a court or tribunal judgment. The term is descriptive; the available routes, time limits and tests are set by statute and procedural rules (e.g., CPR Part 52 in England & Wales), not by a single definition. Key features across England & Wales, Scotland, Northern Ireland and Ireland include: strict filing deadlines; permission/leave in many cases; defined grounds of appeal (typically error of law or procedural unfairness; factual findings are rarely...

Merger appeals before the CAT (UK): standing, judicial review principles, key case law and procedure under the Enterprise Act 2002

Published by a LexisNexis Competition expert

Practice notes

Section 120 of the Enterprise ACT 2002 created a route and procedures for merging businesses and other interested parties to contest or challenge a merger determination by the Competition and Markets Authority (CMA) or the Secretary of State before the Competition Appeal Tribunal (CAT). Established under section 12 of the Enterprise Act 2002, the CAT is an independent, specialist competition tribunal whose functions include hearing appeals from those who can demonstrate the requisite standing in relation to decisions taken by the CMA or, as appropriate, the Secretary of State.

In merger matters, the CAT’s remit is strictly confined to examining the lawfulness of the decision-making process, as opposed to undertaking an appeal on the merits. When reviewing merger outcomes, the CAT applies the same principles that a court would ordinarily invoke on an application for judicial review. An application for judicial review empowers a court to intervene on the basis that a decision is unreasonable, that the decision-maker has misdirected itself in law, or that the parties were treated unfairly.

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

review of decisions taken in connection with market investigation references under section 179 of the Enterprise Act 2002, or...

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Web page updated on 22/05/2026

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