Competition Act · s 59

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59.
Appealable decisions
(1) Any party to an agreement in respect of which the Commission has made a decision, any person in respect of whose conduct the
Commission has made a decision or any party involved in a merger in respect of which the Commission has made a decision, may appeal within the prescribed period to the Tribunal against, or with respect to, that decision.
(2) Any person, other than a person referred to in subsection (1), to whom the Commission has given a direction under section 28, 40 or 42 may appeal within the prescribed period to the Tribunal against, or with respect to, that direction.
(3) Except in the case of an appeal against the imposition, or the amount, of a financial penalty, the making of an appeal under this section shall not suspend the effect of the decision to which the appeal relates.
(4) In subsection (1), “decision” means a decision of the Commission as to —
(a) whether the section 11 prohibition has been infringed by any agreement;
(b) whether the section 21 prohibition has been infringed by any conduct;
(c) whether the section 23 prohibition will be infringed by any anticipated merger, if carried into effect; or
(d) whether the section 23 prohibition has been infringed by any merger, and includes a direction given under section 28, 40 or 42 (including the imposition of any financial penalty under section 42 or as to the amount of any such financial penalty) and such other decision as the Minister may by regulations prescribe.

Competition 62

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s 59Appealable decisions

(1)

Any party to an agreement in respect of which the Commission has made a decision, any person in respect of whose conduct the

Commission has made a decision or any party involved in a merger in respect of which the Commission has made a decision, may appeal within the prescribed period to the Tribunal against, or with respect to, that decision.

(2)

Any person, other than a person referred to in subsection (1), to whom the Commission has given a direction under section 28, 40 or 42 may appeal within the prescribed period to the Tribunal against, or with respect to, that direction.

(3)

Except in the case of an appeal against the imposition, or the amount, of a financial penalty, the making of an appeal under this section shall not suspend the effect of the decision to which the appeal relates.

(4)

In subsection (1), “decision” means a decision of the Commission as to —

(a)

whether the section 11 prohibition has been infringed by any agreement;

(b)

whether the section 21 prohibition has been infringed by any conduct;

(c)

whether the section 23 prohibition will be infringed by any anticipated merger, if carried into effect; or

(d)

whether the section 23 prohibition has been infringed by any merger, and includes a direction given under section 28, 40 or 42 (including the imposition of any financial penalty under section 42 or as to the amount of any such financial penalty) and such other decision as the Minister may by regulations prescribe.

Competition 62