Competition Act 2002

Appeal to the High Court against determination of the Authority.

24

24.—(1) An appeal may be made to the High Court against a determination of the Authority under paragraph (b) or (c) of section 22 (3) .

(2) F50 [ ]

(3) An appeal under this section—

( a) may be made by any of the undertakings which made the notification in relation to the merger or acquisition concerned, and

F51 [ (b) shall be made within 40 working days after the date on which the undertaking is informed by the Commission of the determination concerned or, in case the determination is one that was made under section 22(3)(c) in relation to a media merger, within 40 working days after the date the Minister for Communications, Energy and Natural Resources has informed the undertaking of his or her determination under paragraph (a) or (b) of section 28D(1), or under section 28G(1), as the case may be. ]

(4) Any issue of fact or law concerning the determination concerned may be the subject of an appeal under this section but, with respect to an issue of fact, the High Court, on the hearing of the appeal, may not receive evidence by way of testimony of any witness and shall presume, unless it considers it unreasonable to do so, that any matters accepted or found to be fact by the Authority in exercising the relevant powers under section 22 were correctly so accepted or found.

(5) Notwithstanding subsection (4), the High Court, on the hearing of an appeal under this section, may receive evidence by way of the testimony of one or more witnesses if it considers it was unreasonable for the Authority to have accepted or found as a fact any matter concerned.

(6) Without limiting the exercise of the judicial function with respect to a particular case, it shall be the duty of the High Court, in so far as it is practicable, to hear and determine an appeal under this section within 2 months after the date on which the appeal is made to it.

(7) On the hearing of an appeal under this section, the High Court may, as it thinks fit—

( a) annual the determination concerned,

( b) confirm the determination concerned, F50 [ ]

( c) confirm the determination concerned subject to such modifications of it as the court determines and specifies in its F51 [ decision, or ]

F52 [ ( d ) remit the matter to the Commission and, if appropriate, to the Minister for Communications, Energy and Natural Resources, with a direction to make a determination taking into account the findings of the High Court, and with any other directions that the High Court considers appropriate. ]

(8) The High Court may, where it appears to the court that the circumstances so warrant, F50 [ ] extend the period mentioned in subsection (3)(b) in which an appeal under this section may be made to it.

(9) An appeal to the Supreme Court against a decision of the High Court under any of the foregoing provisions of this section shall lie only on a question of law.