SCHEDULES

C1SCHEDULE 12Procedure on references under section 120

Annotations:

Costs

I1I212

F11

Where the CMA makes a determination on a reference under section 120 it must make an order requiring the payment to it of the costs it incurred in connection with the reference.

2

Where it is determined that the method to which the reference relates is not appropriate, the order must require those costs to be paid by Monitor.

3

Where it is determined that the method to which the reference relates is appropriate, the order must require those costs to be paid by such objectors as are specified in the order.

4

Where the order specifies more than one objector, it may specify the proportions in which the objectors are to be liable for the costs.

5

F2The CMA may also make an order requiring Monitor or an objector who made representations in accordance with paragraph 2 to make payments to the other in respect of costs incurred by the other in connection with F3a determination on a reference under section 120.

6

A person required by an order under this paragraph to pay a sum to another person must comply with the order before the end of the period of 28 days beginning with the day after the making of the order.

7

Sums required to be paid by an order under this paragraph but not paid within that period are to carry interest at such rate as may be determined in accordance with provision in the order.