For the purposes of this section a "qualifying decision" means—
A person affected by a qualifying decision may appeal against it to the Competition Appeal Tribunal ("the CAT").
The means of making an appeal is by sending the CAT a notice of appeal in accordance with rules made under section 15 of the Enterprise Act 2002.
The notice of appeal must be sent within the period specified, in relation to the decision appealed against, in those rules.
In determining an appeal under this section the CAT must apply the same principles as would be applied by a court on an application for judicial review.
The CAT must either—
If the CAT quashes the whole or part of a qualifying decision, it may refer the matter back to the person who made the decision with a direction to reconsider and make a new decision in accordance with its ruling.
The CAT may not direct the person who made the decision to take any action that the person would not otherwise have the power to take in relation to the decision.
Except in the case of a decision to impose a penalty, or give or modify a direction, under Schedule 4, 7 or 8, the effect of a qualifying decision is not suspended by the making of an appeal against the decision under this section.