Commentary on provisions of Act Section 13: Appeals against security decisions of Ofcom
This section concerns the disposal of appeals against certain security-related decisions made by Ofcom.
	This section amends section 194A of the 2003 Act, which concerns the disposal of appeals under section 192 by the Competition Appeal Tribunal. It inserts new subsections (2A) and (2B), which provide that when deciding an appeal against certain security-related decisions made by Ofcom, the Tribunal is to apply judicial review principles without taking any special account of the merits of the case. The effect of this is that, in such appeals, the Tribunal should not adopt a modified approach in light of provisions in EU law (specifically, Article 31 of Directive (EU) 2018/1972 which provide for "the merits of the case" to be "duly taken in account").