Legalize / United Kingdom / Statutory-Instrument

The Competition Appeal Tribunal Rules 2015

Type Statutory-Instrument

Publication 2015-09-07

Last updated 2025-12-12

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(6) At the hearing of the application, the Tribunal may make a collective settlement approval order where it is satisfied that terms of the collective settlement are just and reasonable.

(7) In determining whether the terms are just and reasonable, the Tribunal may take account of all relevant circumstances, including—

(a) the amount and terms of the settlement, including any related provisions as to the payment of costs, fees and disbursements;

(b) the number or estimated number of persons likely to be entitled to a share of the settlement;

(c) the likelihood of judgment being obtained if the claims were made in collective proceedings for an amount significantly in excess of the amount of the settlement;

(d) the likely duration and cost of proceedings if the claims were made in collective proceedings which proceeded to trial;

(e) any opinion by an independent expert and any legal representative of the applicants;

(f) the views of any member of the settlement class; and

(g) the provisions regarding the disposition of any unclaimed balance of the settlement, but a provision that any unclaimed balance of the settlement amount reverts to the parties paying or contributing to the settlement amount shall not of itself be considered unreasonable.

(8) A collective settlement approval order may specify the time and manner by which—

(a) a class member who is domiciled in the United Kingdom on the domicile date may opt out of the collective settlement; and

(b) a class member who is not domiciled in the United Kingdom on the domicile date may opt in to the collective settlement.

(9) A collective settlement approval order binds all class members except—

(a) a person who opts out of the collective settlement by notifying the class representative in a manner and by a time specified in the collective settlement approval order; and

(b) a person who is not domiciled in the United Kingdom on the domicile date and does not opt in to the collective settlement by notifying the class representative in a manner and by a time specified in the collective settlement approval order.

(10) If the Tribunal approves the proposed collective settlement, the settlement representative shall give notice of the terms of the settlement and its approval, in a form and manner approved by the Tribunal, to the class members and to any other persons as the Tribunal may direct.

(11) An application for a collective settlement approval order may be made at the same time as an application for a collective settlement order.

(12) If the Tribunal does not approve the proposed collective settlement, the application for a collective settlement approval order and the terms of the proposed collective settlement may not be relied on at the trial of the claims that are the subject of the proposed collective settlement, unless all the parties to that application agree in writing.

98

(1) Subject to paragraph (2), costs may be awarded to or against the class representative, but may not be awarded to or against a represented person who is not the class representative, save that—

(a) if the Tribunal has approved the appointment of a class representative for a sub-class, costs associated with the determination of the common issues for the sub-class may be awarded to or against that person, and not the class representative for the whole class; and

(b) costs associated with the determination of individual issues in accordance with rule 88(2)(c) may be awarded to or against the relevant individual represented persons.

(2) Costs relating to an application made by a class member, whether or not that class member is a represented person under a collective proceedings order, may be awarded to or against that class member.

99

(1) Every hearing is to be in public except that a hearing or part of a hearing may be in private if the Tribunal is satisfied that it will be considering information which is, in the opinion of the Tribunal, information of the kind referred to in paragraph 1(2) of Schedule 4 to the 2002 Act.

(2) Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is entitled to attend the hearing or part of it.

100

(1) If, after the commencement of any hearing, the chairman is unable to continue, the President may appoint either of the remaining two members to chair the Tribunal; and in that case the Tribunal is to consist of the remaining two members for the rest of the proceedings.

(2) If the person appointed under paragraph (1) is not a member of the panel of chairmen, the President may attend the proceedings and advise the remaining members on any questions of law arising, or appoint some other suitably qualified person to do so.

(3) For the purposes of paragraph (2), a person is “suitably qualified” if that person is, or is qualified for appointment as, a member of the panel of chairmen.

(4) If, after the commencement of any hearing, a member of the Tribunal (other than its chairman) is unable to continue, the President may decide that the Tribunal is to consist of the remaining two members for the rest of the proceedings.

(5) Where in accordance with this rule the Tribunal consists of two members, a decision of the Tribunal shall be unanimous.

101

(1) A request for the confidential treatment of any document or part of a document provided in the course of proceedings before the Tribunal shall—

(a) be made in writing indicating the relevant words, figures or passages for which confidentiality is claimed; and

(b) be supported in each case by specific reasons,

and, if so directed by the Registrar, the person making the request shall supply a non-confidential version of the relevant document.

(2) In the event of a dispute as to whether confidential treatment should be accorded, the Tribunal shall decide the matter after hearing the parties and having regard to the need to exclude information of the kind referred to in paragraph 1(2) of Schedule 4 to the 2002 Act.

(3) The Tribunal may direct that documents, or parts of a document, containing confidential information are disclosed within a confidentiality ring.

102

(1) Subject to paragraphs (2) to (4), a party to whom a document has been provided in the course of proceedings—

(a) by the Tribunal;

(b) by another party; or

may use that document only for the purpose of those proceedings.

(2) Except where a document or a part of a document has been provided within a confidentiality ring, the restriction in paragraph (1) does not apply to a document if—

(a) subject to paragraph (5), the document has been read to or by the Tribunal, or referred to, at a hearing which has been held in public;

(b) the Tribunal gives permission; or

(3) Where a document or part of a document has been provided within a confidentiality ring, the restriction in paragraph (1) applies unless the Tribunal gives permission for further use of that document or the information contained in the document or part of a document.

(4) The restriction in paragraph (1) does not prevent the CMA or any statutory body which is the maker of a disputed decision that is remitted to it by the Tribunal from using such documents for the purposes of determining the remitted issue.

(5) The Tribunal may, either of its own initiative or on the application of a party under paragraph (6), make an order restricting or prohibiting the use of any document provided in the course of proceedings, even where the document has been read to or by the Tribunal, or referred to, at a hearing which has been held in public.

(6) An application for such an order may be made—

(a) by a party;

(b) by any person to whom the document belongs; or

103

(1) The decision of the Tribunal shall be delivered—

(a) by handing down the decision in public on a date fixed for that purpose;

(b) by publishing the decision on the Tribunal's website; or

(2) The Registrar shall send a copy of the document recording the decision to each party and shall enter it on the register.

(3) The decision of the Tribunal is to be treated as having been notified on the date on which a copy of the document recording it is sent to the parties under paragraph (2).

(4) The decision of the Tribunal be published in such manner as the President considers appropriate.

104

(1) For the purposes of these rules “costs” means costs and expenses recoverable before the Senior Courts of England and Wales, the Court of Session or the Court of Judicature of Northern Ireland, as appropriate, and include payments in respect of the representation of a party to proceedings under section 47A (claims for damages) or 47B (collective proceedings) of the 1998 Act , or section 101 of the 2024 Act (rights to enforce requirements of Part 1), where the representation by a legal representative was provided free of charge.

(2) The Tribunal may at its discretion, subject to rules 48 and 49, at any stage of the proceedings make any order it thinks fit in relation to the payment of costs in respect of the whole or part of the proceedings.

(3) For the purposes of paragraph (2), applications made under rule 62 or 63 are considered to be proceedings of the Tribunal.

(4) In making an order under paragraph (2) and determining the amount of costs, the Tribunal may take account of—

(a) the conduct of all parties in relation to the proceedings;

(b) any schedule of incurred or estimated costs filed by the parties;

(d) any admissible offer to settle made by a party which is drawn to the Tribunal's attention, and which is not a Rule 45 Offer to which costs consequences under rules 48 and 49 apply;

(e) whether costs were proportionately and reasonably incurred; and

(f) whether costs are proportionate and reasonable in amount.

(5) The Tribunal may assess the sum to be paid under any order under paragraph (2) or may direct that it be—

(a) assessed by the President, a chairman or the Registrar; or

(b) dealt with by the detailed assessment of a costs officer of the Senior Courts of England and Wales or a taxing officer of the Court of Judicature of Northern Ireland or by the Auditor of the Court of Session, as appropriate.

(6) The power to award costs under paragraphs (1) to (5) includes the power to direct any party to pay to the Tribunal such sum as may be appropriate in reimbursement of any costs incurred by the Tribunal in connection with the summoning or citation of witnesses or the instruction of experts on the Tribunal's behalf; and any sum due as a result of such a direction may be recovered by the Tribunal as a civil debt due to the Tribunal.

105

(1) If it imposes, confirms or varies any penalty under Part 1 of the 1998 Act, the Tribunal may, in addition, order that interest is to be payable on the amount of any such penalty from such date, not being a date earlier than the date of the notice of appeal, and at such rate, as the Tribunal considers appropriate.

(2) Interest ordered to be paid under paragraph (1) is to form part of the penalty and be recoverable as a civil debt in addition to the amount recoverable under section 36 of the 1998 Act .

(3) If it makes an award of damages the Tribunal may include in any sum awarded interest on all or any part of the damages in respect of which the award is made, for all or any part of the period between the date when the cause of action arose and—

(a) in the case of any sum paid before the decision making the award, the date of the payment; and

(b) in the case of the sum awarded, the date of that decision.

(4) Unless the Tribunal otherwise directs, the rate of interest ordered to be paid or included in an award in accordance with this rule shall not exceed the rate specified in any Order made under section 44 of the Administration of Justice Act 1970 .

106

(1) If all the parties agree the terms of an order, the Tribunal may, if it thinks fit, make the order, in which case it shall be identified as having been made by consent.

(2) If the Tribunal considers that a draft consent order may have a significant effect on competition, it may—

(a) require the parties to file a consent order impact statement; and

(b) direct the Registrar to publish a notice on the Tribunal website or in such other manner as the Tribunal may direct.

(3) A consent order impact statement shall provide an explanation of the draft consent order, including an explanation of the circumstances giving rise to the draft order, the relief to be obtained if the order is made and the anticipated effects on competition of that relief.

107

(1) A request to the Tribunal for permission to appeal from a decision of the Tribunal shall be made in writing and sent to the Registrar within three weeks of the notification of that decision.

(2) A request for permission to appeal shall be signed and dated by the party or its representative and shall—

(a) state the name and address of the party and of any representative of the party;

(b) identify the Tribunal decision to which the request relates;

(d) state whether the party requests a hearing of its request and any special circumstances relied on.

108

(1) On receipt of a request for permission to appeal, the Tribunal may decide without a hearing whether or not to grant such permission, unless it considers that special circumstances render a hearing desirable.

(2) The decision of the Tribunal on a request for permission to appeal shall be recorded in writing and the Registrar shall notify the parties of the decision.

109

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

110

(1) Any act required or authorised by these Rules, other than one required or authorised by the following rules—

(a) rules 11 and 26(3) (power to strike out);

(b) rule 13 (withdrawal of the appeal), in the case of a withdrawal during or after the hearing;

(d) rule 42 (default judgment);

(e) rule 43 (summary judgment);

(f) rule 44 (withdrawal of the claim), in the case of a withdrawal during or after the hearing;

(g) rule 77 (determination of the application for a collective proceedings order);

(h) rule 85 (stay, variation or revocation of the collective proceedings order), in the case of revocation of the collective proceedings order;

(i) rule 87 (applications for withdrawal by the class representative);

(j) rules 94(8) and 97(6) (making of a collective settlement approval order);

(k) rule 96(6) (determination of the application for a collective settlement order);

(l) rule 108 (decision of the Tribunal on request for permission to appeal);

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may be done by the President or a chairman acting alone.

(2) If so authorised by the President, the Registrar may, subject to paragraph (3) and without prejudice to rule 104(5)—

(a) make any order by consent (except where rule 106(2) applies);

(b) make a direction under rule 9(7);

(c) deal with extensions or abridgments of time limits under rule 19(2)(m), except a request for an extension of time for filing an appeal or application under Part 2 or Part 3 of these Rules;

(d) deal with requests for confidential treatment under rule 101;

(e) exercise the Tribunal's powers in respect of the service of documents under rule 111.

(3) A party may within five days of any decision by the Registrar in accordance with paragraph (2) request in writing that the decision be reviewed by the President, and the President may determine the matter acting alone or refer the matter to a chairman or to the Tribunal.

111

(1) Subject to paragraph (16), any document required to be sent to or served on any person for the purposes of proceedings under these Rules (including documents required to be sent to the Registrar for filing) may be—

(a) delivered personally at the appropriate address;

(b) sent to that person at the appropriate address by first class post;

(d) where authorised by the Tribunal, sent to that person by fax or other means of electronic communication; or

(e) sent or served in such other manner as may be specified by practice direction.

(2) Where it appears to the Tribunal that there is a good reason to authorise service by a method or at a place not otherwise permitted by these Rules, the Tribunal may of its own initiative or on the request of a party make an order permitting and specifying an alternative method of service or place, and specifying when the document is to be deemed to be served.

(3) The Tribunal may dispense with service of a document if the interests of justice so require.

(4) A document which is filed, sent to or served on a person in accordance with these Rules is to be treated as if it had been filed, received by or served on that person—

(a) in the case of personal delivery, on the day of delivery;

(b) when sent by first class post, through a document exchange or any other service in accordance with paragraph (1)(c), on the second day after it was posted or left at the document exchange or delivered to or collected by the relevant service provider; and

(c) in the case of a fax or other electronic communication sent on a business day before 5pm, on that day, or in any other case, on the next business day.

(5) If a document (other than a fax or other electronic communication) is filed, sent or served or is treated in accordance with paragraph (4) as having been filed, sent or served at or after 5pm on a business day, or at any time on a Saturday, Sunday or a Bank Holiday, the document is to be treated as having been filed, sent or served on the next business day.

(6) For the purposes of these Rules “business day” means any day except Saturday, Sunday or a Bank Holiday and “Bank Holiday” includes Christmas Day and Good Friday.

(7) With regard to an appeal or application made under Part 2 or 3 of these Rules, the appropriate address for a person for the purposes of paragraph (1) is—

(a) in the case of a document directed to the appellant or applicant (or to its representative), the address stated in the notice of appeal or notice of application , or such other address as may be subsequently notified to the Tribunal;

(b) in the case of a document addressed to the respondent, the address stated in the defence, or such other address as may be subsequently notified to the Tribunal;

(c) in the case of an intervener, the address stated in the request to intervene, or such other address as may be subsequently notified to the Tribunal.

(8) With regard to a claim made or collective proceedings brought under Part 4 or 5 of these Rules, the appropriate address for a person for the purposes of paragraph (1) is—

(a) in the case of a document directed to the claimant or the person applying for a collective proceedings order, the address stated in the claim form or the collective proceedings claim form or such other address as may be notified by the Tribunal;

(b) in the case of a claim form to be served on the defendant, subject to paragraph (9), the address of the defendant stated in the claim form or the collective proceedings claim form;

(c) in the case of any other document addressed to the defendant, the address stated in that defendant's acknowledgment of service filed with the Tribunal or such other address as may be subsequently notified to the Tribunal.

(9) Where—

(a) the defendant has given in writing the business address within the jurisdiction of a legal representative as an address at which the defendant may be served with the claim form or collective proceedings claim form; or

(b) a legal representative acting for the defendant has notified the claimant or person applying for a collective proceedings order in writing that the legal representative is instructed by the defendant to accept service of the claim form or collective proceedings claim form on behalf of the defendant at a business address within the jurisdiction,

the claim form or collective proceedings claim form shall be served at the business address of that legal representative.

(10) The appropriate address for the Registrar and Tribunal for the purposes of paragraph (1) is the Tribunal's address for service in accordance with rule 6.

(11) Where the address for service of a party changes, that party shall give notice in writing of the change as soon as it has taken place to the Tribunal and every other party.

(12) Anything required to be sent to or served on a company or other corporation is duly sent or served if it is sent to or served on a person holding a senior position within the company or corporation; and for that purpose, each of the following persons is a person holding a senior position—

(a) in respect of a registered company or corporation, a director, the treasurer, the secretary of the company or corporation, the chief executive or other officer of the company or corporation; and

(b) in respect of a company or corporation which is not registered, in addition to any of the persons set out in paragraph (a), the mayor, the chairman, the president, a town clerk or similar officer of the company or corporation.

(13) Anything required to be sent or delivered to or served on a partnership is duly sent or served if it is sent to or served on any one of the partners for the time being or a person who, at the time of service, has the control or management of the partnership business at its principal place of business.

(14) Where—

(a) a document is to be served by the Tribunal; and

(b) the Tribunal is unable to serve it,

the Tribunal shall send a notice of non-service, stating the method attempted, to the other parties to the proceedings.

(15) The Registrar shall, at the request of the Tribunal, or any party, certify the steps taken to serve a document in accordance with this rule, including the date and manner of service.

(16) With regard to a claim form or collective proceedings claim form to be served on a defendant outside the jurisdiction (and subject to rules 31, 33(2) and 76(2)), the claimant or person applying for a collective proceedings order shall serve the claim form or collective proceedings claim form by any method permissible under Part 6 of the CPR in relation to proceedings in England and Wales or the equivalent provisions in the equivalent procedural rules for Scotland or Northern Ireland in relation to proceedings taking place in Scotland or Northern Ireland respectively.

112

(1) Unless otherwise specified, an act required by the Tribunal, the President, a chairman or the Registrar, or by these Rules, to be done on or by a particular day shall be done before 5pm on that day.

(2) Where a period expressed in days, weeks or months is to be calculated from the moment at which an event occurs or an action takes place, the day during which that event occurs or that action takes place is not to be counted as falling within the period in question.

(3) A period expressed in weeks or months ends with the expiry of whichever day in the last week or month is the same day of the week or falls on the same date in the month, as the day during which the event or action from which the period is to be calculated occurred or took place; and if, in a period expressed in months, the day on which it should expire does not occur in the last month, the period ends with the expiry of the last day of that month.

(4) “Month” means calendar month.

(5) Where the time prescribed for doing any act expires on a Saturday, Sunday or Bank Holiday, the act is in time if done on the next following day which is not a Saturday, Sunday or Bank Holiday.

113

Subject to section 47C(8) of the 1998 Act and rule 93(4), the rules on funding arrangements made under Part 2 of the Courts and Legal Services Act 1990 apply to proceedings before the Tribunal.

114

(1) Any irregularity resulting from failure to comply with any provision of these Rules before the Tribunal has reached its decision does not of itself render the proceedings void.

(2) Where any such irregularity comes to the attention of the Tribunal, the Tribunal may, and shall if it considers any person may have been prejudiced by the irregularity, give such directions as it thinks just, to cure or waive the irregularity before reaching its decision.

(3) Clerical mistakes in any document recording a direction, order or decision of the Tribunal, the President, a chairman or the Registrar, or errors arising in such a document from an accidental slip or omission, may be corrected by the President, that chairman or the Registrar, as the case may be, by—

(a) sending notification of the amended direction, order or decision, or a copy of the amended document, to each party; and

(b) making the necessary amendment to any information published on the Tribunal website in relation to the direction, order or decision.

115

(1) Subject to the provisions of these Rules, the Tribunal may regulate its own procedure.

(2) A power of the Tribunal under these Rules to make an order or direction includes a power to vary or revoke the order or direction.

(3) The President may issue practice directions in relation to the procedures provided for by these Rules.

116

(1) For the purposes of subsection (1) of section 193 of the 2003 Act (reference of price control matters to the CMA) , there is specified every price control matter falling within subsection (10) of that section which is disputed between the parties and which relates to—

(a) the principles applied in setting the condition which imposes the price control in question,

(b) the methods applied or calculations used or data used in determining that price control, or

(c) what the provisions imposing the price control which are contained in that condition should be (including at what level the price control should be set).

(2) The Tribunal shall refer to the CMA for determination in accordance with section 193 of the 2003 Act and rule 117 every matter which, either upon consideration of any statement provided for in rules 9(5) or 15(4) or in the subsequent course of the appeal, the Tribunal decides is a specified price control matter.

(3) The Tribunal may make a reference to the CMA under paragraph (2) at any time before it delivers its decision.

117

(1) Subject to any directions given by the Tribunal (which may be given at any time before the CMA has made its determination), the CMA shall determine every price control matter within four months of receipt by it of the reference.

(2) The Tribunal may give directions as to the procedure in accordance with which the CMA is to make its determination.

(3) The Tribunal may give directions under this rule of its own motion or upon the application of the CMA or of any party.

118

The following Rules are revoked—

(a) the Competition Appeal Tribunal Rules 2003

(b) the Competition Appeal Tribunal (Amendment and Communications Act Appeals) Rules 2004 .

119

(1) Proceedings commenced before the Tribunal before 1st October 2015 continue to be governed by the Competition Appeal Tribunal Rules 2003 (the “2003 Rules”) as if they had not been revoked.

(2) Rule 31(1) to (3) of the 2003 Rules (time limit for making a claim) continues to apply in respect of a claim which falls within paragraph (3) for the purposes of determining the limitation or prescriptive period which would apply in respect of the claim if it were to be made on or after 1st October 2015 in—

(a) proceedings under section 47A of the 1998 Act, or

(b) collective proceedings.

(3) A claim falls within this paragraph if—

(a) it is a claim to which section 47A of the 1998 Act applies; and

(b) the claim arose before 1st October 2015.

(4) Section 47A(7) and (8) of the 1998 Act as they had effect before they were substituted by paragraph 4 of Schedule 8 to the Consumer Rights Act 2015 continue to apply to the extent necessary for the purposes of paragraph (2).

120

(1) The Secretary of State shall from time to time—

(a) carry out a review of these Rules,

(b) set out the conclusions of the review in a report, and

(2) The report shall in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Rules,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) The first report under this rule is to be published before 1st October 2020.

(4) Reports under this rule are afterwards to be published at intervals not exceeding five years.

Editorial notes

[^c22671411]: 2002 c. 40; section 15 of, and Schedule 4 to, the Enterprise Act 2002 were amended by paragraphs 20 and 22 to 36 of Schedule 8 to the Consumer Rights Act 2015 (c. 15).

[^c22671421]: 2003 c. 21; section 193 was amended by paragraph 98 of Schedule 6 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

[^c22671431]: 1998 c.41.

[^c22671441]: Section 12(2)(aa)–(ac) were inserted by section 82(1) of the Consumer Rights Act 2015.

[^c22671451]: Section 59(1) was amended by paragraph 15 of Schedule 8 to the Consumer Rights Act 2015.

[^c22671461]: Section 47B was substituted by paragraph 5 of Schedule 8 to the Consumer Rights Act 2015.

[^c22671471]: Section 49A was inserted by paragraph 10 of Schedule 8 to the Consumer Rights Act 2015 and section 49B was inserted by paragraph 11 of Schedule 8 to that Act.

[^c22671481]: S.I. 1998/3132, amended by S.I. 2008/2178, S.I. 2009/3131, S.I. 2009/3390, S.I. 2011/88, S.I. 2014/2948 and S.I. 2014/3299; there are other amending instruments but none is relevant to these Rules.

[^c22671491]: Section 47A was substituted by paragraph 4 of Schedule 8 to the Consumer Rights Act 2015.

[^c22671501]: A “price control matter” is defined in section 193 of the Communications Act 2003 (c. 21).

[^c22671521]: 2003 c.21; section 192 was amended by paragraph 28 of Schedule 7 to the Wireless Telegraphy Act 2006 (c. 36) and paragraph 43 of Schedule 15 to the Enterprise and Regulatory Reform Act 2013 (c. 24) and is prospectively amended by section 20 of the Digital Economy Act 2010 (c.24).

[^c22671531]: 1990 c. 41; section 71 was amended by paragraphs 4 and 9 of Schedule 6 to the Access to Justice Act 1999 (c. 22), paragraph 4 of Schedule 11 to the Constitutional Reform Act 2005 (c.4) and paragraphs 83 and 94 of Schedule 21 to the Legal Services Act 2007 (c. 29).

[^c22671541]: Paragraphs 4 and 5 of Schedule 4 to the Enterprise Act 2002 were amended by paragraph 25 of Schedule 8 to the Consumer Rights Act 2015.

[^c22671551]: Paragraph 1A of Schedule 4 to the Enterprise Act 2002 was inserted by paragraph 24 of Schedule 8 to the Consumer Rights Act 2015.

[^c22671561]: The Competition Service is a statutory body established under section 13 of the Enterprise Act 2002.

[^c22671571]: 1998 c.41; sections 47A and 47B were substituted by paragraphs 4 and 5 respectively of Schedule 8 to the Consumer Rights Act 2015 (c. 15).

[^c22671581]: Section 46 was amended by paragraph 2 of Schedule 5 to the Enterprise Act 2002 (c. 40), paragraph 26 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013 (c. 24) and by S.I. 2004/1261.

[^c22671591]: Section 47 was substituted by section 17 of the Enterprise Act 2002 and amended by paragraph 27 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013 and S.I. 2004/1261.

[^c22671611]: Section 179 was amended by paragraph 207 of Schedule 5, paragraph 5 of Schedule 11 and paragraph 7 of Schedule 12, to the Enterprise and Regulatory Reform Act 2013.

[^c22671621]: Section 114 was amended by paragraph 148 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013; and section 174D(10) of the Enterprise Act 2002 applies sections 112 to 115 of that Act in relation to a penalty imposed under section 174A(1) or (3) as they apply in relation to a penalty imposed under section 110(1) or (3) of that Act.

[^c22671631]: 1998 c. 41; section 47A was substituted by paragraph 4 of Schedule 8 to the Consumer Rights Act 2015 (c.15).

[^c22671641]: Section 58A was substituted by paragraph 14 of Schedule 8 to the Consumer Rights Act 2015.

[^c22671651]: 1982 c. 27; Schedule 8 was substituted by S.I. 2001/3929 and amended by SI 2011/1484.

[^c22671661]: S.R. 1980/346; the Rules of the Supreme Court (Northern Ireland) 1980 were renamed in accordance with paragraph 3 of Schedule 11 to the Constitutional Reform Act 2005 (c.4).

[^c22671671]: 1998 c. 41; section 47A was substituted by paragraph 4 of Schedule 8 to the Consumer Rights Act 2015 (c.15).

[^c22671681]: Part 36 of the Civil Procedure Rules 1998 (S.I. 1998/3132) was substituted by S.I. 2014/3299.

[^c22671691]: OJ No L124 20.05.2003 p.36.

[^c22671711]: 1998 c. 41; section 47B was substituted by paragraph 5 of Schedule 8 to the Consumer Rights Act 2015 (c. 15).

[^c22671721]: 2006 c.46.

[^c22671731]: 2002 c. 40; paragraph 1A of Schedule 4 to the Enterprise Act 2002 was inserted by paragraph 24 of Schedule 8 to the Consumer Rights Act 2015 (c.15).

[^c22671741]: 1998 c. 41; section 47A was substituted by paragraph 4 of Schedule 8 to the Consumer Rights Act 2015.

[^c22671751]: 1998 c. 41; section 47B was substituted by paragraph 5 of Schedule 8 to the Consumer Rights Act 2015 (c. 15).

[^c22671761]: Section 58A was substituted by paragraph 14 of Schedule 8 to the Consumer Rights Act 2015.

[^c22671771]: 1998 c. 41; section 49C of the Competition Act 1998 was inserted by paragraph 12 of Schedule 8 to the Consumer Rights Act 2015 (c.15).

[^c22671781]: 1998 c.41; section 47C of the Competition Act 1889 was inserted by paragraph 6 of Schedule 8 to the Consumer Rights Act 2015 (c. 15).

[^c22671791]: 1998 c.41; sections 47A and 47B were substituted by paragraphs 4 and 5 respectively of Schedule 8 to the Consumer Rights Act 2015 (c. 15).

[^c22671801]: 1998 c. 41.

[^c22671811]: 1970 c. 31.

[^c22671831]: 1998 c.41; section 47C of the Competition Act 1889 was inserted by paragraph 6 of Schedule 8 to the Consumer Rights Act 2015 (c. 15).

[^c22671841]: 1990 c. 41.

[^c22671851]: 2003 c. 21; section 193 was amended by paragraph 98 of Schedule 6 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

[^c22671861]: S.I. 2003/1372; amended by paragraph 5 of Schedule 11 to the Constitutional Reform Act 2005, s 59(5), Sch 11, Pt 3, para 5 SI 2004/2068, S.I. 2011/1043 and S.I. 2012/1809.

[^c22671871]: S.I. 2004/2068, to which there are amendments not relevant to this Instrument.

[^c22671881]: 2015 c. 15.

[^key-58727eff400e395482bb2915b6e6f624]: Words in rule 2(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 8(2) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c72758d72775a63e206251fedb7f4d76]: Words in rule 50(2) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 8(3) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5e52f6bcce6e04e34332efc20e8dc365]: Rule 59(5)(a)(ii) and word omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 8(4) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4a37d248440a6a36d13d7fccab84b1c3]: Rule 109 omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 8(5) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

[^key-cd51f207b365cb3f240c8db3e8bf0914]: Rule 110(1)(m) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 8(6) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2df9ad7506a0fefb5f9814a355d07bef]: Pt. 5A inserted (4.1.2023) by Subsidy Control Act 2022 (c. 23), ss. 71(3), 91(2) (with ss. 76(4), 78(2), 85); S.I. 2022/1359, reg. 2

[^key-1a6e80a8e07e070d34eeb8b8ad7a99f7]: Rule 3(ea) inserted (4.1.2023) by Subsidy Control Act 2022 (c. 23), ss. 71(2)(b), 91(2) (with ss. 76(4), 78(2), 85); S.I. 2022/1359, reg. 2

[^key-6b478c3304adc72a7db4bc70b726d8fb]: Word in rule 3(b) inserted (4.1.2023) by Subsidy Control Act 2022 (c. 23), ss. 71(2)(a), 91(2) (with ss. 76(4), 78(2), 85); S.I. 2022/1359, reg. 2

[^key-83ffb4e3d5bff2a8110b4dd5031477d3]: Words in Pt. 3 heading substituted (1.1.2025) by The Competition Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1233), rule 1(1), Sch. para. 3

[^key-e3d2ca501e9f048f02834a5b04fb411e]: Words in rule 2(1) inserted (1.1.2025) by The Competition Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1233), rule 1(1), Sch. para. 1

[^key-e925b7820712dd08e5b184de09dd5c41]: Words in rule 3(c) inserted (1.1.2025) by The Competition Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1233), rule 1(1), Sch. para. 2

[^key-606e05fc73c305b97ff1e36832c0fac8]: Words in rule 25 heading substituted (1.1.2025) by The Competition Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1233), rule 1(1), Sch. para. 4(a)

[^key-0b70605799fff11d7a3cab074c9280b3]: Rule 25(2A) inserted (1.1.2025) by The Competition Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1233), rule 1(1), Sch. para. 4(c)

[^key-a273526e4a98a9034fa37aa4152e07fc]: Rule 25(1) substituted (1.1.2025) by The Competition Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1233), rule 1(1), Sch. para. 4(b)

[^key-16ddab633eba243324bf01f4dad24b88]: Words in rule 25(3) substituted (1.1.2025) by The Competition Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1233), rule 1(1), Sch. para. 4(d)

[^key-bcec44de633ad85c19e078af446e9537]: Words in rule 26(1) inserted (1.1.2025) by The Competition Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1233), rule 1(1), Sch. para. 5(a)

[^key-2966f0303081cfd5c21df4a87215008f]: Words in rule 26(3) inserted (1.1.2025) by The Competition Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1233), rule 1(1), Sch. para. 5(b)

[^key-12aeecc2c670fe64ce4e8acee678189f]: Words in rule 27 inserted (1.1.2025) by The Competition Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1233), rule 1(1), Sch. para. 6

[^key-88939b46354782bab81fabf64c8380f0]: Rule 28(1)(a) substituted (1.1.2025) by The Competition Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1233), rule 1(1), Sch. para. 7(a)

[^key-08f16f21aefda42d6c8da5b42bc7669a]: Words in rule 28(2) substituted (1.1.2025) by The Competition Appeal Tribunal (Amendment) Rules 2024 (S.I. 2024/1233), rule 1(1), Sch. para. 7(b)

[^key-2ad5f34881f41371a9be2bfbe407b8b2]: Words in Pt. 3 heading inserted (1.10.2025) by The Competition Appeal Tribunal (Amendment) Rules 2025 (S.I. 2025/999), rules 1(2), 5

[^key-cc7750a4cecdbd8f7ffe358cf96d7af4]: Pt. 4A inserted (1.10.2025) by The Competition Appeal Tribunal (Amendment) Rules 2025 (S.I. 2025/999), rules 1(2), 6

[^key-eeb90cc8094c342c8d3b5281d8dc7d72]: Words in rule 2(1) inserted (1.10.2025) by The Competition Appeal Tribunal (Amendment) Rules 2025 (S.I. 2025/999), rules 1(2), 3

[^key-d403a94b81e403f28d8439616e9fe812]: Word in rule 3(b) inserted (1.10.2025) by The Competition Appeal Tribunal (Amendment) Rules 2025 (S.I. 2025/999), rules 1(2), 4(a)

[^key-512ba05d6d43e595f4a438605dbab963]: Rule 3(d) substituted (1.10.2025) by The Competition Appeal Tribunal (Amendment) Rules 2025 (S.I. 2025/999), rules 1(2), 4(b)

[^key-9e8acb618b20a2507d04e80a45f354e0]: Rule 3(da) inserted (1.10.2025) by The Competition Appeal Tribunal (Amendment) Rules 2025 (S.I. 2025/999), rules 1(2), 4(c)

[^key-e72f4cadd4be8215eae17d86bce49703]: Words in rule 104(1) inserted (1.10.2025) by The Competition Appeal Tribunal (Amendment) Rules 2025 (S.I. 2025/999), rules 1(2), 7

[^key-7f3bdcc9c89d51e9ed6a7b70fb3f0441]: Pt. 5B inserted (21.7.2025 for specified purposes, 12.12.2025 in so far as not already in force) by Football Governance Act 2025 (c. 21), s. 100(1)(2)(g), Sch. 12 para. 10(3) (with Sch. 12 para. 10(4)); S.I. 2025/1286, reg. 2(1)(e)(vi)

[^key-e70007e93db7f61b3a8247b723aa522b]: Word in rule 3(b) inserted (21.7.2025 for specified purposes, 12.12.2025 in so far as not already in force) by Football Governance Act 2025 (c. 21), s. 100(1)(2)(g), Sch. 12 para. 10(2)(a) (with Sch. 12 para. 10(4)); S.I. 2025/1286, reg. 2(1)(e)(vi)

[^key-d4698b0d01fe2bcea9f1365d1bf5e24b]: Rule 3(ba) inserted (21.7.2025 for specified purposes, 12.12.2025 in so far as not already in force) by Football Governance Act 2025 (c. 21), s. 100(1)(2)(g), Sch. 12 para. 10(2)(b) (with Sch. 12 para. 10(4)); S.I. 2025/1286, reg. 2(1)(e)(vi)

[^key-087b66231a5dcfa1271d20d6f73371ca]: Rule 3(eb) inserted (21.7.2025 for specified purposes, 12.12.2025 in so far as not already in force) by Football Governance Act 2025 (c. 21), s. 100(1)(2)(g), Sch. 12 para. 10(2)(c) (with Sch. 12 para. 10(4)); S.I. 2025/1286, reg. 2(1)(e)(vi)

PART 5A — Applications under section 70 of the Subsidy Control Act 2022

Time limits for applications

98A

(1) An application to the Tribunal under section 70 in respect of a subsidy decision must be made by sending a notice of appeal before the end of one month beginning with the relevant date in relation to that decision.

(2) The “relevant date” in relation to a subsidy decision is—

(a) in a case where a pre-action information request in respect of the subsidy or scheme concerned is made within one month of the transparency date, the date on which the notice under paragraph (8) is given;

(b) in a case where a post-award referral is made in respect of the subsidy or scheme, the date on which the post-award referral report is published under section 62;

(3) If both of sub-paragraphs (a) and (b) of paragraph (2) apply, the relevant date is the later of the dates given by those sub-paragraphs.

(4) In paragraph (2)—

(a) “pre-action information request” means a request for information under section 76;

(b) “the transparency date” for a subsidy or scheme is—

(i) in a case where the application relates to a subsidy or scheme in respect of which the duty under section 33(1) or (5) does not apply, the date on which the interested party first knew or ought to have known of the making of the subsidy decision;

(ii) in any other case, the date on which an entry in respect of the subsidy or scheme is made on the subsidy database in accordance with the duty under section 33(1) or (5);

(5) In determining for the purposes of paragraph (4)(b) the date on which an entry is made on the subsidy database in accordance with a duty under section 33(1) or (5), the Tribunal may direct that a minor omission or error in the making of the entry is to be disregarded.

(6) An omission or error is “minor” for the purposes of paragraph (5) if it appears to the Tribunal that it had no prejudicial impact on the interested party in assessing whether to make a pre-action information request.

(7) The Tribunal may not extend the time limits provided for in this rule unless it is satisfied that the circumstances are exceptional.

(8) For the purpose of paragraph (2)(a), a public authority must give notice to the interested party that the public authority has provided information in response to a request made under section 76(1).

(9) In this rule—

(a) references to sections are to sections of the Subsidy Control Act 2022;

(b) “public authority”, “subsidy”, “subsidy database” and “subsidy decision” have the same meanings as in that Act.

Part 5B — Appeals under section 84 of the Football Governance Act 2025

Time limits for appeals

98B

(1) An appeal to the Tribunal under section 84 of the Football Governance Act 2025 (“the 2025 Act”) in respect of an appealable decision must be made by sending a notice of appeal within the period of 21 days beginning with the relevant day in relation to that decision.

(2) For the purposes of paragraph (1), “appealable decision” means—

(a) a reviewable decision specified in subsection (3) of section 84 of the 2025 Act, or

(b) a decision or deemed decision made by an applicable reviewer in respect of such a reviewable decision under section 83 of that Act.

(3) For the purposes of paragraph (1), the relevant day is—

(a) in relation to a decision that is an appealable decision by virtue of paragraph (2)(a), the day on which notice is given of the decision under the provision of the 2025 Act concerned;

(b) in relation to a decision that is an appealable decision by virtue of paragraph (2)(b), the day on which notice of the decision or deemed decision is given under section 82 or 83 (as the case may be) of the 2025 Act.

(4) For the purposes of paragraphs (2)(b) and (3)(b), a deemed decision is a decision that is treated as having been made under section 82(5)(b) or 83(6)(a) of the 2025 Act.

(5) The Tribunal may not extend the time limits provided for in this rule unless it is satisfied that the circumstances are exceptional.

Part 4A — CLAIMS UNDER SECTION 101 OF THE 2024 ACT

Scope and interpretation

72A

(1) The rules in this Part apply to claims under section 101 of the 2024 Act (rights to enforce requirements of Part 1).

(2) In this Part—

“CMA breach decision” has the same meaning as in section 102(5) of the 2024 Act;

“digital activity” has the same meaning as in section 118(1) of the 2024 Act;

“relevant requirement” has the same meaning as in section 101(4) of the 2024 Act; and

“undertaking” has the same meaning as in section 118(1) of the 2024 Act.

General

72B

(1) Part 4 of these Rules applies to claims under section 101 of the 2024 Act in accordance with this rule.

(2) Any reference in Part 4 to—

(a) a claim brought under section 47A of the 1998 Act is to be read as a reference to a claim brought under section 101 of the 2024 Act;

(b) proceedings brought under section 47A of the 1998 Act is to be read as a reference to proceedings brought under section 101 of the 2024 Act; and

(c) “the application of Chapter I or II of Part 1 of the 1998 Act” is to be read as a reference to “the application of Part 1 of the 2024 Act”.

(3) Rule 30 (manner of commencing proceedings) applies to claims under section 101 of the 2024 Act with the following modifications—

(a) any reference to an infringement decision is to be read as a reference to a CMA breach decision; and

(b) any reference to an infringement decision becoming final within the meaning of section 58A of the 1998 Act is to be read as a reference to a CMA breach decision becoming final within the meaning of section 102(2) of the 2024 Act.

(4) Rule 71 (transfer of claims from the Tribunal) is to be read as if “or the county court” were omitted.

CMA notice

72C

The CMA shall, within 28 days of receiving a copy of a claim form sent under rule 33(7), notify the parties and the Tribunal in writing—

(a) whether it has begun, or has decided to begin, an investigation under Part 1 of the 2024 Act concerning issues the same as, or similar to, those raised in the claim; or

(b) whether it has decided against such an investigation.

CMA application for stay

72D

(1) This rule applies where the CMA—

(a) gives notice under rule 72C that it has begun, or decided to begin, an investigation concerning issues the same as, or similar to, those raised in the claim; or

(b) decides at any other time before the proceedings are concluded to begin such an investigation.

(2) The CMA shall, within seven days of giving the notice referred to in paragraph (1)(a) or making the decision referred to in paragraph (1)(b)—

(a) apply for a stay of the proceedings; or

(b) notify the parties and the Tribunal that it does not consider that the proceedings should be stayed, with reasons.

(3) An application under paragraph (2)(a) shall—

(a) be supported by reasons as to why the CMA considers that the proceedings should be stayed;

(b) indicate whether the CMA considers that the application should be determined without a hearing;

(d) be determined by the Tribunal taking into account any observations of the parties, including as to whether the application should be determined without a hearing.

Stay of proceedings

72E

(1) In determining whether to stay proceedings by reason of a CMA investigation under Part 1 of the 2024 Act (whether on the application of the CMA or otherwise), the Tribunal shall have regard to all the circumstances including—

(a) the undertaking and the digital activity which are the subject of the claim and the investigation;

(b) the terms and the purpose of the relevant requirement which is the subject of the claim and the investigation;

(d) the extent to which any factual or legal issues to be considered and determined in the investigation will be relevant to the claim;

(e) the stage of the proceedings at which the stay is sought, and its likely duration; and

(f) where the CMA decision to investigate was made after it gave notice under rule 72C, any explanation provided by the CMA for the time at which that decision was made.

(2) A stay ordered by reason of a CMA investigation shall remain in place for a period of no more than 12 months, unless extended on the application of the CMA in accordance with paragraph (3) or otherwise ordered.

(3) An application by the CMA to extend the period of a stay ordered by reason of a CMA investigation shall be supported by evidence addressing the progress of the CMA investigation and the period within which it is expected to be completed.

CMA notice of final breach decision

72F

The CMA shall notify the Tribunal and the parties in writing within seven days of a CMA breach decision concerning issues the same as, or similar to, those raised by the claim becoming final within the meaning of section 102(2) of the 2024 Act (treatment of CMA breach decisions etc).

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