Competition Act, 2002
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Appeal to the High Court against determination of the Authority. |
24.—(1) An appeal may be made to the High Court against a determination of the Authority under paragraph (b) or (c) of section 22 (3). | |
(2) Subsection (1) does not apply to a determination made in relation to a media merger unless it is a determination that has effect by virtue of section 23 (9) or 25 (2). | ||
(3) An appeal under this section— | ||
(a) may be made by any of the undertakings which made the notification in relation to the merger or acquisition concerned, and | ||
(b) shall be made within 1 month after the date on which the undertaking is informed by the Authority of the determination concerned or, in case the determination is one in relation to a media merger, after the expiry of the period specified in section 23 (9). | ||
(4) Any issue of fact or law concerning the determination concerned may be the subject of an appeal under this section but, with respect to an issue of fact, the High Court, on the hearing of the appeal, may not receive evidence by way of testimony of any witness and shall presume, unless it considers it unreasonable to do so, that any matters accepted or found to be fact by the Authority in exercising the relevant powers under section 22 were correctly so accepted or found. | ||
(5) Notwithstanding subsection (4), the High Court, on the hearing of an appeal under this section, may receive evidence by way of the testimony of one or more witnesses if it considers it was unreasonable for the Authority to have accepted or found as a fact any matter concerned. | ||
(6) Without limiting the exercise of the judicial function with respect to a particular case, it shall be the duty of the High Court, in so far as it is practicable, to hear and determine an appeal under this section within 2 months after the date on which the appeal is made to it. | ||
(7) On the hearing of an appeal under this section, the High Court may, as it thinks fit— | ||
(a) annual the determination concerned, | ||
(b) confirm the determination concerned, or | ||
(c) confirm the determination concerned subject to such modifications of it as the court determines and specifies in its decision. | ||
(8) The High Court may, where it appears to the court that the circumstances so warrant, or shall, where the operation of section 25 (1) results in an order under section 23 (4) being annulled after the expiry of the period hereafter mentioned, extend the period mentioned in subsection (3)(b) in which an appeal under this section may be made to it. | ||
(9) An appeal to the Supreme Court against a decision of the High Court under any of the foregoing provisions of this section shall lie only on a question of law. |