Part 2: Competition Proceedings before the Competition Appeal Tribunal Section 124: Standard of review on appeals against interim measures directions
This section changes the standard of review to be applied by the CAT on appeals against interim measures directions under section 35 of the Competition Act 1998 from a determination on the merits by reference to the grounds set out in the notice of appeal to a review which applies the same principles as would be applied by a court on an application for judicial review.
	Under section 35 of the Competition Act 1998, when an investigation has been commenced but not completed, the CMA has the power to issue directions known as "interim measures" for the purpose of preventing significant damage to a particular person or category of person or protecting the public interest.
	Subsection (1) amends section 46 of the Competition Act 1998 to make clear that a decision to either make or not make interim measures directions under section 35 can be appealed to the CAT by any party to an agreement in respect of which the CMA has made such a decision or any person in respect of whose conduct the CMA has made such a decision. It is already clear that third parties have such a right of appeal to the Tribunal under section 47(1)(d)-(e).
	Subsections (2), (3) and (4) amend Schedule 8 to the Competition Act 1998 so that appeals in respect of CMA decisions to make or not make interim measures directions will be determined by the CAT by applying the same principles as would be applied by a court on an application for judicial review.