Part 5: Enforcement Section 70: Review of subsidy decisions
This section enables interested parties to apply to the Competition Appeal Tribunal (CAT) for the review of a decision to give a subsidy or to make a subsidy scheme (a ‘subsidy decision’). A person whose interests may be affected by a subsidy decision will be an interested party for these purposes. This might most typically be a competitor of the beneficiary or a trade association. However, depending on the nature of the subsidy, it could also extend to others, such as a local authority or devolved administration. The Secretary of State is expressly included as an interested party.
	Interested parties must bring claims in line with the CAT’s rules, including sending their notice of appeal within the time limits provided in new Part 5A of the Competition Appeal Tribunal Rules 2015 (as inserted by this Act).
	This section also makes provision as to the principles that the CAT must apply when determining an application for a review of a subsidy decision. In proceedings in England and Wales or Northern Ireland, the CAT must apply the same principles as the High Court applies in judicial reviews. For proceedings in Scotland, the CAT must apply the same principles as the Court of Session would apply on an application to the supervisory jurisdiction of the Court.
	Any application to the CAT to review a subsidy decision does not have the effect of suspending that decision unless otherwise directed by the Tribunal.