Citation, commencement and extent

1. —(1) These Rules may be cited as the Competition Appeal Tribunal (Amendment) Rules 2024 and come into force on 1st January 2025.

(2) These Rules extend to England and Wales, Scotland and Northern Ireland.

Amendments of the Competition Appeal Tribunal Rules 2015

2. The Competition Appeal Tribunal Rules 2015( 2 ) are amended as provided in the Schedule to these Rules.

Rule 2

Schedule Amendments to the Competition Appeal Tribunal Rules 2015

1. In Rule 2 (interpretation), paragraph (1), after the definition of “the 2003 Act” insert the following definition—

“ “ the 2024 Act ” means the Digital Markets, Competition and Consumers Act 2024; ” ( 3 ).

2. In Rule 3 (application of Rules), paragraph (c), after “the 2002 Act” insert “or the 2024 Act” .

3. In the heading to Part 3 (proceedings under the 2002 Act), for “the 2002 Act” substitute “the 2002 and 2024 Acts” .

4. In Rule 25 (time for commencing proceedings for a review under the 2002 Act)—

(a) in the heading, for “the 2002 Act” substitute “the 2002 and 2024 Acts” ;

(b) for paragraph (1) substitute—

“ (1) An application under section 120(1) of the 2002 Act for the review of a decision in connection with—

(a) a reference or possible reference in relation to a relevant merger situation or a special merger situation;

(b) a foreign state newspaper merger situation;

(c) transferred EU merger commitments;

(d) the CMA’s functions under Chapter 5 of Part 1 of the 2024 Act; or

(e) a request from an overseas regulator (within the meaning of Chapter 2 of Part 5 of the 2024 Act) for the CMA to assist the regulator,

shall be made by filing a notice of application within four weeks of the date on which the applicant was notified of the disputed decision, or the date of publication of the decision, whichever is the earlier. ” ( 4 );

(c) after paragraph (2) insert—

“ (2A) An application made under section 103(1) of the 2024 Act shall be made by filing a notice of application within 6 weeks of the date on which the applicant was notified of the disputed decision, or the date of publication of the decision, whichever is the earlier. ” ;

(d) in paragraph (3), for “paragraph (1) or (2)” substitute “paragraph (1), (2) or (2A)” .

5. In Rule 26 (supplementary provisions concerning reviews)—

(a) in paragraph (1), after “section 120 or 179 of the 2002 Act,” insert “or section 103 of the 2024 Act,” ;

(b) in paragraph (3), after “rule 11” insert “, in proceedings for review under section 120 or 179 of the 2002 Act,” ( 5 ).

6. In Rule 27 (expert evidence), after “section 120 or section 179 of the 2002 Act” insert “or section 103 of the 2024 Act” .

7. In Rule 28 (appeals in relation to penalties under section 114 of the 2002 Act)—

(a) in paragraph (1), for sub-paragraph (a) substitute—

“ (a) in the case of an appeal against a penalty imposed under—

(i) section 35A (enforcement of powers under sections 31A, 32, 33 and 25: imposition of penalties) of the 1998 Act;

(ii) section 40ZE (enforcement of requirements: imposition of penalties) of the 1998 Act;

(iii) section 110(1) or (3) (enforcement of investigation powers under Part 3) of the 2002 Act;

(iv) section 174A(1) or (3) (enforcement of investigation powers under Part 4) of the 2002 Act;

(v) section 85 (penalties for failure to comply with competition requirements) of the 2024 Act;

(vi) section 87 (penalties for failure to comply with investigative requirements) of the 2024 Act; or

(vii) section 312 (penalties for failure to comply with notices under section 311) of the 2024 Act,

the day on which a copy of the notice of the penalty was served under section 112(1) of the 2002 Act (penalties: main procedural requirements) as it applies to those provisions; ” ( 6 );

(b) in paragraph (2), for “three weeks” substitute “four weeks” .