Cap. 379 Art. 13BProcedure before the Court and appeals from decisions thereof.

(1) The Director General and any party to the proceedings before the Court, who feel aggrieved by a judgement of the Court delivered under this Act may appeal on points of law and, or of fact before the Court of Appeal by means of an application filed in the registry of that court within twenty days from the date of the judgement of that court:

Provided that the Court of Appeal shall appoint the case for hearing by not later than six months from the date of service of the appeal application on the parties.

(2) If during an investigation the Director General institutes proceedings pursuant to article 12A(4) of the Act concerning requests for information, production of documents or the conduct of inspections, the Court shall endeavour to deliver a judgement upon hearing the parties in the shortest time possible:

Provided that an appeal from such a judgement as referred to in this sub-article, shall only lie after the definitive judgment in terms of articles 12C, 13, 13A or 21 of the Act is delivered and together with an appeal from such definitive judgement. The judgement mentioned in this sub-article may not be challenged before the definitive judgement is delivered:

Provided further that, if following the investigation, the Director General does not proceed to institute proceedings in terms of article 12A(1) of the Act, the Director General shall inform the undertaking and, or association of undertakings concerned which shall have twenty days from the notification of the Director General of this fact to appeal from the judgement delivered by the Court pursuant to this sub-article.

(3) The undertaking or association of undertakings concerned, the Director General or the complainant may request the Court to be heard behind closed doors where the submissions to be made or evidence to be produced is of a confidential nature or contains business secrets.

(4) In all cases involving the application of Article 101 and, or 102 of the TFEU, the European Commission shall have a right to make submissions on any matter before the Court.

(5) (a) A confidential and a non-confidential version shall be produced of any written observations and documentary evidence

(6) Subject to the provisions of this Act, the provisions of the Code of Organization and Civil Procedure shall, mutatis mutandis, apply to all judicial proceedings instituted according to this Act before the Court and the Court of Appeal and to the enforcement of judgements and decrees.

(7) When delivering judgements and decrees pursuant to the provisions of this Act, the Court shall have recourse to the judgments of the Court of Justice of the European Union, and to relevant decisions and statements of the European Commission including interpretative notices on the relevant provisions of the TFEU and secondary legislation relative to competition and may also refer to its decisions and those of the Competition and Consumer Appeals Tribunal and the Commission for Fair Trading.

(8) Proceedings before the Court concerning alleged infringements of articles 5 and, or 9 of the Act and, or Articles 101 or 102 of the TFEU, including the exercise of the powers by the Director General and the Office under this Act and, or any regulation made thereunder applying those articles, shall comply with general principles of Union law and the Charter of Fundamental Rights of the European Union.