Competition Act · s 61

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61.
Powers and decisions of Tribunal
(1) The Tribunal shall, by notice to the Commission and the appellant, specify the date on and the place at which the appeal shall be heard.
(2) The Tribunal shall have all the powers and duties of the
Commission that are necessary to perform its functions and discharge its duties under this Act.
(3) The Tribunal shall have the powers, rights and privileges vested in a court on the hearing of an action, including —
(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise;
(b) the compelling of the production of documents; and
(c) the award of such costs or expenses as may be prescribed under section 60(15).
(4) A summons signed by such member of the Tribunal as may be authorised by the Tribunal shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.
(5) Where any person being duly summoned to attend before the
Tribunal does not so attend, that person is guilty of an offence.
(6) A witness before the Tribunal shall be entitled to the same immunities and privileges as if he were a witness before a court.
(7) All appeals under this section shall be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable.
(8) The Tribunal may confirm or set aside the decision which is the subject of the appeal, or any part of it, and may —
(a) remit the matter to the Commission;
(b) impose or revoke, or vary the amount of, a financial penalty;
(c) give such direction, or take such other step, as the
Commission could itself have given or taken; or

Competition
(d) make any other decision which the Commission could itself have made.
(9) Any decision of the Tribunal on an appeal has the same effect, and may be enforced in the same manner, as a decision of the Commission.
(10) If the Tribunal confirms the decision which is the subject of the appeal it may nevertheless set aside any finding of fact on which the decision was based.
(11) The Tribunal shall notify the appellant of its decision in respect of his appeal and the reasons for its decision which shall be final.

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s 61Powers and decisions of Tribunal

(1)

The Tribunal shall, by notice to the Commission and the appellant, specify the date on and the place at which the appeal shall be heard.

(2)

The Tribunal shall have all the powers and duties of the

Commission that are necessary to perform its functions and discharge its duties under this Act.

(3)

The Tribunal shall have the powers, rights and privileges vested in a court on the hearing of an action, including —

(a)

the enforcement of the attendance of witnesses and their examination on oath or otherwise;

(b)

the compelling of the production of documents; and

(c)

the award of such costs or expenses as may be prescribed under section 60(15).

(4)

A summons signed by such member of the Tribunal as may be authorised by the Tribunal shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.

(5)

Where any person being duly summoned to attend before the

Tribunal does not so attend, that person is guilty of an offence.

(6)

A witness before the Tribunal shall be entitled to the same immunities and privileges as if he were a witness before a court.

(7)

All appeals under this section shall be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable.

(8)

The Tribunal may confirm or set aside the decision which is the subject of the appeal, or any part of it, and may —

(a)

remit the matter to the Commission;

(b)

impose or revoke, or vary the amount of, a financial penalty;

(c)

give such direction, or take such other step, as the

Commission could itself have given or taken; or

Competition

(d)

make any other decision which the Commission could itself have made.

(9)

Any decision of the Tribunal on an appeal has the same effect, and may be enforced in the same manner, as a decision of the Commission.

(10)

If the Tribunal confirms the decision which is the subject of the appeal it may nevertheless set aside any finding of fact on which the decision was based.

(11)

The Tribunal shall notify the appellant of its decision in respect of his appeal and the reasons for its decision which shall be final.