Page:Competition Act 2004.pdf/54

54 :(a) remit the matter to the Commission;
 * (b) impose or revoke, or vary the amount of, a financial penalty;
 * (c) give such direction, or take such other step, as the Commission could itself have given or taken; or
 * (d) make any other decision which the Commission could itself have made.

(9) Any decision of the Board on an appeal has the same effect, and may be enforced in the same manner, as a decision of the Commission.

(10) If the Board confirms the decision which is the subject of the appeal it may nevertheless set aside any finding of fact on which the decision was based.

(11) The Board shall notify the appellant of its decision in respect of his appeal and the reasons for its decision.

Appeals to High Court and Court of Appeal

74.—(1) An appeal against, or with respect to, a decision of the Board made under section 73 shall lie to the High Court—
 * (a) on a point of law arising from a decision of the Board; or
 * (b) from any decision of the Board as to the amount of a financial penalty.

(2) An appeal under this section may be made only at the instance of a person who was a party to the proceedings in which the decision of the Board was made.

(3) The High Court shall hear and determine any such appeal and may—
 * (a) confirm, modify or reverse the decision of the Board; and
 * (b) make such further or other order on such appeal, whether as to costs or otherwise, as the Court may think fit.

(4) There shall be such further right of appeal from decisions of the High Court under this section as exists in the case of decisions made by that Court in the exercise of its original civil jurisdiction.