Page:Competition Ordinance (Cap. 619).pdf/56

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COMPETITION ORDINANCE
Ord. No. 14 of 2012
A1433

(2) A person who does not fall under subsection (1) may also apply to the Tribunal for a review of a reviewable determination, other than a decision regarding a merger or proposed merger, if the Tribunal is satisfied that the person has a sufficient interest in the reviewable determination.

86. Tribunal may state case for Court of Appeal

(1) Before or after the determination of an application for review made under section 84, the Tribunal may, either of its own motion or on application, refer any question of law arising in, or that has arisen in, the review to the Court of Appeal for determination by way of case stated.

(2) The Tribunal may only refer a question of law to the Court of Appeal under subsection (1) if it is satisfied—

(a) that the party who has applied for the question of law to be referred has a reasonable prospect of success; or
(b) that there is some other reason in the interests of justice why the question of law should be referred.

(3) On the hearing of the case, the Court of Appeal may—

(a) determine the question stated;
(b) amend the case or require the Tribunal to amend the case in any manner the Court specifies; or
(c) remit the case to the Tribunal for reconsideration in the light of the decision of the Court.

87. Decision of Tribunal on application for review

In determining an application for a review, the Tribunal may—

(a) confirm or set aside the whole or part of the determination to which it relates; and
(b) where it sets aside the whole or part of a determination, refer the matter back to the Commission with a direction to reconsider and make a new determination in accordance with the decision of the Tribunal.

88. Time limit for applying for review

(1) An application for the review of a reviewable determination must be made within 30 days after the day on which the determination was made.

(2) Despite subsection (1), the Tribunal may extend the time referred to in that subsection if it is satisfied that—

(a) there is a good reason for doing so; and