Digital Markets, Competition and Consumers Act 2024
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Change 1
As published
202 Appeals
(1) A person to whom a relevant notice is given may appeal to the appropriate appeal court against—
(a) a decision to impose a monetary penalty by virtue of the notice,
(b) the nature or amount of any such penalty, or
(c) the giving of directions by virtue of the notice.
(2) The grounds for an appeal under subsection (1)(a) or (b) are that—
(a) the decision to impose a monetary penalty was based on an error of fact,
(b) the decision was wrong in law,
(c) the amount of the penalty is unreasonable, or
(d) the decision was unreasonable or wrong for any other reason.
(3) The grounds for an appeal under subsection (1)(c) are that—
(a) the decision to give the directions was based on an error of fact,
(b) the decision was wrong in law,
(c) the nature of the directions is unreasonable, or
(d) the decision was unreasonable or wrong for any other reason.
(4) On an appeal under this section the appropriate appeal court may quash, confirm or vary the relevant notice.
(5) Except in the case of an appeal relating to a final false information enforcement notice, in addition to the powers conferred by subsection (4) the appropriate appeal court may also remit any matter that is the subject of the appeal to the CMA.
(6) An appeal under this section must be brought before the end of the applicable period beginning with the day on which the relevant notice was given to the person seeking to bring the appeal.
(7) The appropriate appeal court may extend the applicable period for bringing an appeal.
(8) Where an appeal is brought in respect of—
(a) a requirement to pay a monetary penalty, or
(b) a requirement to pay compensation under directions imposing enhanced consumer measures,
the penalty or compensation is not required to be paid until after the appeal is determined, withdrawn or otherwise dealt with.
(9) In this section—
“applicable period” means—
in relation to a final false information enforcement notice, the period of 28 days;
in relation to any other relevant notice, the period of 60 days;
“appropriate appeal court” means—
in relation to England and Wales or Northern Ireland, the High Court;
in relation to Scotland, the Outer House of the Court of Session;
“relevant notice” means—
a final infringement notice,
an online interface notice,
a final breach of undertakings enforcement notice,
a final breach of directions enforcement notice, or
a final false information enforcement notice.
Your change, as a redline
202 Appeals
(1) A person to whom a relevant notice is given may appeal to the appropriate appeal court against—
(a) a decision to impose a monetary penalty by virtue of the notice,
(b) the nature or amount of any such penalty, or
(c) the giving of directions by virtue of the notice.
(2) The grounds for an appeal under subsection (1)(a) or (b) are that—
(a) the decision to impose a monetary penalty was based on an error of fact,
(b) the decision was wrong in law,
(c) the amount of the penalty is unreasonable, or
(d) the decision was unreasonable or wrong for any other reason.
(3) The grounds for an appeal under subsection (1)(c) are that—
(a) the decision to give the directions was based on an error of fact,
(b) the decision was wrong in law,
(c) the nature of the directions is unreasonable, or
(d) the decision was unreasonable or wrong for any other reason.
(4) On an appeal under this section the appropriate appeal court may quash, confirm or vary the relevant notice.
(5) Except in the case of an appeal relating to a final false information enforcement notice, in addition to the powers conferred by subsection (4) the appropriate appeal court may also remit any matter that is the subject of the appeal to the CMA.
(6) An appeal under this section must be brought before the end of the applicable period beginning with the day on which the relevant notice was given to the person seeking to bring the appeal.
(7) The appropriate appeal court may extend the applicable period for bringing an appeal.
(8) Where an appeal is brought in respect of—
(a) a requirement to pay a monetary penalty, or
(b) a requirement to pay compensation under directions imposing enhanced consumer measures,
the penalty or compensation is not required to be paid until after the appeal is determined, withdrawn or otherwise dealt with.
(9) In this section—
“applicable period” means—
in relation to a final false information enforcement notice, the period of 28 days;
in relation to any other relevant notice, the period of 60 days;
“appropriate appeal court” means—
in relation to England and Wales or Northern Ireland, the High Court;
in relation to Scotland, the Outer House of the Court of Session;
“relevant notice” means—
a final infringement notice,
an online interface notice,
a final breach of undertakings enforcement notice,
a final breach of directions enforcement notice, or
a final false information enforcement notice.
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