MDPPACPB Regulations

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PART XX– APPEALS 
116.   Right to Appeal 
Any person or entity aggrieved by a decision, order, directive, or penalty 
imposed by the Authority pursuant to these Regulation or under the applicable 
provisions on competition and anticompetitive behaviour or conducts in the 
Act or Federal Competition and Consumer Protection Act may appeal such 
decision.  
 
117.   Jurisdiction and Forum 
Unless otherwise provided by any other law, appeals shall lie in the first instance 
to the Federal Competition and Consumer Protection Commission under 
section 47(2) of the FCCPA, and thereafter to the Competition and Consumer 
Protection Tribunal.  
 
118.    Appeal Procedure and Timelines 
(1) The appellant shall file a notice of appeal within 30 (thirty) days from the 
date of the decision using the prescribed Form in Schedule 7 to these 
Regulations. 
(2) The notice of appeal shall be served on the Authority and shall clearly state: 
(a) the decision or order being appealed; 
(b) the legal and factual grounds for the appeal; 
(c) the reliefs sought. 
(3) Upon receipt of the notice, the Authority shall compile and transmit the 
administrative record to the Federal Competition and Consumer Protection 
Commission within 60 (sixty) days, unless otherwise directed. 
 
119.    Effect of Appeal – No Automatic Stay 
(1) The lodging of an appeal shall not, in itself, operate as a stay of execution 
of the Authority’s decision. 
(2) An appellant may apply to the Federal Competition and Consumer 
Protection Commission for a stay of execution pending appeal, which may be 
granted only upon demonstration of: 
(a) serious questions going to the merits; and 
(b) risk of irreparable harm in the absence of a stay. 
(3) The Authority may consent to or oppose such application, considering the 
balance of public interest, including the need to prevent continuing anti-
competitive conduct that may cause market distortion or harm.  
 
120.    Standard of Review 
(1) The FCCPC shall afford due deference to the factual findings of the 
Authority where they are supported by substantial evidence. 
(2) Legal and jurisdictional questions shall be reviewed de novo. 
(3) The Federal Competition and Consumer Protection Commission may affirm, 
modify, reverse, or set aside the decision of the Authority, or remit the matter 
to the Authority with directions.