What is the process for filing an appeal?
As per Law No. 6352, the administrative sanction decisions of the Board can be submitted for judicial review before the Administrative Courts in Ankara by the filing of an appeal case within 60 days upon receipt by the parties of the justified (reasoned) decision of the Board. As per Article 27 of the Administrative Procedural Law, filing an administrative action does not automatically stay the execution of the decision of the Board. However, upon request by the plaintiff, the court, providing its justifications, may decide the stay of execution of the decision if such execution is likely to cause serious and irreparable damage; and if the decision is highly likely to be against the law (i.e. the showing of a prima facie case).
The judicial review period before the Ankara Administrative Courts usually takes about 12 to 24 months. After exhausting the litigation process before the Administrative Courts of Ankara, the final step for the judicial review is to initiate an appeal against the Administrative Court’s decision before the regional courts. The appeal request for the Administrative Courts’ decisions will be submitted to the regional courts within 30 calendar days of the official service of the reasoned decision of the Administrative Court.
An appeal can be initiated by either party within 21 days of the decision by filing a notice outlining the grounds of appeal.
This petition for judicial review must be filed in writing within 15 business days after notice of the adverse decision from IFT or COFECE is received.
Parties may judicially challenge CADE’s final decisions through generally two types of lawsuits: writ of mandamus and/or action for annulment.
Such lawsuits are usually under jurisdiction of Brazilian Federal Courts and may be filed in any judicial section, depending on different factors, by plaintiff’s preference (i.e. local in which plaintiff is domiciled or the company has headquarters, local in which the act or fact happened, where the object is located or in the Federal District (where CADE is based).
Both lawsuits admit temporary injunctions aiming to suspend the effects of CADE’s decision, but offering a guarantee in court may be necessary to suspend fines.
The FCCA’s decisions, whether rejecting a complaint, closing an ex officio investigation or finding a competition restriction, can be appealed to the Market Court. A further appeal against the Market Court’s judgment reviewing the FCCA’s decision and imposing a fine can be lodged before the Supreme Administrative Court, which is the ultimate appellate instance for competition matters in Finland. The scope of an appeal to either the Market Court or the Supreme Administrative Court can be the appealed decision in its entirety or certain aspects thereof. As a general rule, the appeal must be lodged within 30 days from having been given notice of the decision concerned.
The appeal routes are as set out above in section 22. To initiate an appeal, the appellant must file an appeal following the applicable procedure in the jurisdiction of the appeal court. Hence, deadlines and procedures will vary by province, territory and if the case was heard by the Federal Court. To appeal to the Supreme Court of Canada, an application for leave to appeal must be filed within 60 days of the decision below.
As for administrative reconsideration, a party shall submit an administrative reconsideration application within 60 days after receiving the administrative penalty decision rendered by the AMEA. The administrative reconsideration authority must render decisions within 60 days after accepting the application. The term of hearing may be extended up to 30 days upon approval. The party still has the opportunity to file an administrative litigation if it is unsatisfied with the decision made by administrative reconsideration authority.
The party challenging an administrative penalty decision made by SAMR must submit the application for administrative reconsideration to SAMR, which shall act as the administrative reconsideration authority. If the challenged administrative penalty decision is made by provincial AMRs, the application for administrative reconsideration may be submitted to the provincial government or to SAMR, subject to the discretion of the applicant.
In 2016, Shanxi Price Bureau made administrative penalties to Shanxi Vehicle Inspection Association and more than 30 vehicle inspection agencies for monopoly conspiracy and implementation pricing monopoly agreement. Some of the agencies involved challenged the decision and made application for administrative reconsideration to Shanxi government. The administrative reconsideration authority heard the case and decided to uphold the original administrative penalty decisions.
As for administrative litigations, the party may file an administrative suit in court within six months after receiving the administrative penalty decision. If the party apply for administrative reconsideration at first but disagrees with the administrative reconsideration decision, the party may file a suit in court within 15 days after receiving the decision. In case the administrative reconsideration authority affirms the original administrative penalty decision, the party may bring a lawsuit, listing the AMEA making the previous penalty decision concerning monopoly agreement and the administrative reconsideration authority as co-defendants.
When applying ordinary procedures to hear an administrative case at first instance, the court must make judgment within six months after case acceptance. If the time limit for case hearing shall be extended under special circumstances, an approval must be obtained from the High Court. Time limit extension for hearing first-instance administrative case by the High Court is subject to the approval from the Supreme Court. Where the court hears a first-instance administrative case by applying summary procedure, the case shall be closed within 45 days after the acceptance of the case. Time limit for hearing case in summary procedure shall not be extended.
When challenging the first instance judgment rendered by court which has not come into force, the party shall appeal to the upper level court within 15 days after receiving the judgment; and the time limit for appealing to the upper level court against a first instance decision made by court which has not become effective shall be 10 days after receiving the written verdict. The court, when hearing second-instance administrative case, shall make final judgment within three months after receiving the appeal, which is also extendable similar to the above procedures under special circumstances.
In February 2017, Hainan Price Bureau made administrative penalty on Hainan Yutai Technology Feed Company in respect of vertical price-related cartel. The company refused to accept the penalty and brought a lawsuit in the court. The court abrogated the administrative penalty decision in the first instance. Hainan Price Bureau made appeal and eventually win the case in the second instance.
The deadline to appeal in a civil case is usually 30 days from the entry of the judgment or order being appealed if the US, its agency or officer is not a party, and 60 days from the entry of the judgment or order being appealed if the US, its agency or officer is a party (Fed. R. App. P. 4(a)). For criminal defendants, the deadline is usually 14 days from the date of entry of the judgment, or from the government’s notice of appeal filing, whichever is later (Fed. R. App. P. 4).
Parties appeal federal district court decisions to the federal circuit Court of Appeals for that court’s geographic region. The appeal may be decided on the basis of written briefs alone or oral argument may be scheduled. The appeal is heard by a panel of judges. In extremely rare cases, the decision may be reviewed en banc—by a larger group of judges of the circuit court.
Appeals are raised to the US Supreme Court from the circuit courts by filing a writ of certiorari, the grant of which is very rare (about 2 percent).
In the past, a party subject to the JFTC’s orders was required to first bring its claims before the JFTC’s administrative hearing procedure, prior to raising the claim before the courts. However, the amended relevant procedures effective from April 1, 2015 allow the parties to directly bring an appeal against the JFTC’s orders before the Tokyo District Court. Under the new appeal system, a party is required to file an appeal to the Tokyo District Court within 6 months from the date on which it received the JFTC’s order.
A person aggrieved by MyCC’s decision may appeal to the CAT by filing a notice of appeal to the CAT within 30 days of the decision. The said notice of appeal shall state in summary form the substance of the decision of MyCC being appealed against, and an address for service of notices related to the appeal.
Thereafter, the CAT may confirm or set aside the decision being appealed against, or any part of it, and may:
(a) remit the matter to the MyCC;
(b) impose or revoke, or vary the amount of, a financial penalty;
(c) give such direction, or take such other step as the MyCC could itself have given or taken; or
(d) make any other decision which the MyCC could itself have made.
The CAT’s decision is decided on a majority of its members, and is final and binding on the parties to the appeal. Nonetheless, the CAT’s decision is subject to judicial review by the High Court.
The fully reasoned appeal against the decision of the Commission must be filed within 30 days of notification of the ruling with the Federal Administrative Court. The appeal has suspensive effect (i.e. any sanction in particular does not have to be paid until the decision of the appeals court). The proceeding before the Federal Administrative Court is a written one albeit the court may conduct hearings. The Federal Administrative Courts issues a new decision in the case or in exceptional cases refers the case back to the Commission and issues binding instructions.
The appeal against the decision of the Federal Administrative Court must be filed within 30 days of the notification with the Federal Supreme Court. The appeal before the Federal Supreme Court has no suspensive effect by law but can be requested by the appellant. The court proceeding is a written one.
Filling an appeal to the Antitrust Tribunal involves filling out the relevant forms and submitting an affidavit to verify the facts, within the time limits stipulated in the Competition Law provisions.
The appeal procedure is governed by the provisions in Articles 46 and following of the Administrative Judicial Procedure Act 1998. Firstly, the notice of appeal must be submitted to the National Court of Appeal within two months from notification of the decision by the Board of the CNMC. Then, the clerk of the court would request the referral of the administrative file from the Board of the CNMC, which must be sent within 20 days from receipt of the request by the Board. By this request the CNMC is summoned to appear before the court, and it would notify the decision to remit the file to the interested parties so that they may appear as defendants within nine days. Once the file has been received, the National Court of Appeal decides on the admissibility of the appeal and, if considered admissible, the appellant would be requested to file the appeal brief within 20 days.
Once the brief has been filed, the clerk of the court communicates it to the interested parties so that they may present their opposition within 20 days. Subsequently, the holding of an oral hearing or the submission of written conclusions may be decided by the National Court of Appeal at the request of the parties or, exceptionally, on its own motion. The parties may also request the taking of evidence. In practice, given the complexity of competition law cases, the taking of evidence is often requested and admitted, particularly in the form of expert’s reports. Hearings are usually held for the ratification of the expert’s reports and written conclusions are common practice.
On average, the National Court of Appeal may adopt its judgments on competition law matters in most cases of cartel infringements in two or three years, although it may take longer to rule on complex cartel cases in which there are a number of parties. In these cases, the National Court of Appeal may not deliver a judgment until it has made a decision in relation to all the parties in order to ensure consistency across its rulings. If the decision is confirmed by the National Court of Appeal, a cassation appeal against the judgment of the National Court of Appeal may be filed with the Administrative Chamber of the Supreme Court. The CNMC, represented by the State Attorney, may also challenge the judgment if the decision is set aside.
Concerning the procedure before the Supreme Court, according to Articles 86 and following of the Administrative Judicial Procedure Act 1998, the notice of appeal must be submitted within 30 days following notification of the judgment of the National Court of Appeal, although the parties may request provisional execution of it by providing a guarantee for any damage that may occur. If the appeal is admitted, which depends on whether the Admissibility Section of the Administrative Chamber of the Supreme Court considers that it has sufficient interest at the cassation level, the clerk of the court would order the appellant to file the brief within 30 days. Once the brief has been admitted by the Administrative Chamber, a copy of it is notified to the defendants, including the CNMC as represented by the State Attorney, for them to present their opposition in writing within 30 days. Once the defendants have opposed the brief, or the deadline has expired without them filing any opposition, the proceedings are ready for judgment.
The average duration of proceedings before the Administrative Chamber of the Supreme Court is two years, but some complex competition cases have taken as long as three or even four years. No ordinary appeal lies against the ruling of the Supreme Court, which is the last instance of the Spanish judicial system. An extraordinary appeal is available before the Constitutional Court within 30 days from the notification of the judgment of the Supreme Court on the grounds of the violation of a fundamental right of the party by the judiciary during proceedings (typically the right to obtain effective protection from the judges and the courts, as enshrined in Article 24(1) of the Spanish Constitution). However, the likelihood that it would be admitted is extremely low.
The appeal must be filed within 30 days of the communication of the CC's decision, directly with the Bucharest Court of Appeals, which is the court of law exclusively competent in hearing appeals against CC decisions. The motion must be grounded both on the provisions of the Competition Law and on those of the Law no. 554/2004 on administrative litigation.
The motion is assessed by the assigned judge (in terms of compliance with the rules on procedure) and thereafter served upon the CC for it to prepare and file a statement of defence within 30 days as of service, which is compulsory. Such statement of defence is thereafter served upon the claimant, which has 15 days to file its written response. Thereafter, a first hearing is set by the court, upon which occasion the elements of proof are discussed. Expert reports are allowed inasmuch as they do not seek to explain points of competition law. Witnesses are usually not allowed in competition law cases, although their testimony may be requested.
The party bringing legal motion may seek via the same motion, or via a separate one, the suspension of the enforcement of the CC decision until a final solution is passed by the courts on the matter of the lawfulness of said decision. Such suspension may be granted subject to the payment of a bond, but suspension solutions are scarcely passed by the Bucharest Court of Appeals or the High Court of Cassation and Justice, in the final appeal phase.
The decision passed by the Bucharest Court of Appeals (in both merits and suspension litigation) is subject to final appeal before the High Court of Cassation and Justice, which may either order a retrial or retain the case and decide it directly (depending on the points of law under appeal).
A notice of appeal summarising the issues in dispute and the relief sought must be filed with the CAT registrar within two months of a decision.
A case is considered lodged by the General Court when an application is sent to the Registry. This must be done within two months and ten days from the date of notification or publication of the contested Commission decision.
The appeal should be filed and grounded before the Antitrust Commission within the 15 business days after the resolution has been served to the parties. The Antitrust Commission must deliver the claim and its response to the competent judge within 10 days as of the moment it was first filed.
Pursuant to the Antitrust Law, the newly created Special Antitrust Chamber corresponding to the Argentine Civil and Commercial Court of Appeals will understand and decide on the issue. However, as of the date of writing the Special Antitrust Chamber has not yet been created, therefore, the Argentine Civil and Commercial Court of Appeals is the competent judicial body.
An appeal against the NCA's decisions in cartel cases must be sent to the competition Complaints Board for competition, which is the mandatory body for appeal in these cases. A decision made by the competition Complaints Board for competition can be appealed to Gulating Court of Appeal, which is one of five regional appeals courts in Norway and located in Bergen (as the NCA). Finally, the case may be appealed to the Supreme Court of Norway, subject to permission from the Appeals Selection Committee. Only cases concerning principles of general importance, will normally be permitted for review by the Supreme Court.
If several companies appeal a cartel decision from the NCA, the case will normally be heard as one case.
Criminal sanctions are tried in the ordinary court system. The court of first instance is the District Court. A judgement made by the District Court is appealed to the Court of Appeals.
A judgement by the EFTA Court cannot be appealed.
An appeal of a decision by the BCA can be filed with the Market Court within a period of 30 days after notification of the contested decision. Any interested party can file an appeal. These are parties that are the addressees of the decision, but also other parties that can demonstrate an interest in the case (such as, e.g., a complainant). In addition, also the minister can file an appeal. Within 5 days after the submission of the appeal application, the applicant is required to send the application to the secretariat of the College of Competition Prosecutors, informing the President and the competition prosecutor general, as well as the parties to whom the decision was notified, and to the minister (if the minister is not the applicant).
An appeal can be filed before the NCLAT and the Supreme Court within sixty days of the date of communication of the order of the CCI or the NCLAT.
Judgements and decisions of the Patent and Market Court are appealed to the Patent and Market Court of Appeal. A case is considered lodged before the Patent and Market Court of Appeal when an application is sent to the registry.
The Swedish Supreme Court is the court of final instance. However, a leave to appeal to the Supreme Court is granted only in rare cases, namely where the case is considered important for setting a precedent.
Any decision issued by the CPC may be subject to an appeal filed within 75 days from the date the decision of the CPC is issued. If the decision of the Administrative Court does not satisfy the party then the later may file an appeal to the Supreme Court in relation to that decision, which will be heard by a panel of 3 judges or an extended composition of the Supreme Court, depending on the circumstances. The appeal before the Supreme Court shall be filed within 42 days from the date that the decision is issued and such an appeal may only be made on legal points. The decision of the Supreme Court would be final.
The process of the appeal starts by filing an opening appeal statement, along with the supporting documentary evidences and the Arabic translation of the same, with the Competent Court in UAE. The statement must include the details of the decision to be appealed, reasons for appeal and claims to be decided. The notice of appeal can include both factual and legal errors that appellant decides to challenge and address to court.
The Ministry of Economy will be notified with the statement and evidences and will be requested to submit a counterstatement in response to the same in addition to submit their supporting evidences. The Ministry of Economy is being represented by the Ministry of Justice/governmental cases division. Thereafter, several hearing sessions will be held by the Court and the parties would be allowed to submit their written memorandums and pleadings before the issuance of a decision by the Federal Competent Court. The process may require appointment of expertise to review claims, appeal grounds, audit and account the figures and revenues among other technical points. The decision of Federal Court is subject to appeal before Federal Appeal Court and the later judgment is also subject to further appeal before UAE Federal Supreme Court.