England and Wales · Competition Appeal Tribunal
When must the CMA determine a CAT price-control reference?
The CMA determines a qualifying price-control reference within four calendar months after actual receipt, subject to Tribunal directions. Establish the statutory reference and any actual direction. This is not the party’s Ofcom appeal deadline.
- Period
- Four calendar months, subject to actual Tribunal directions
- Trigger
- Actual CMA receipt of the Tribunal’s reference
- Rule
- Competition Appeal Tribunal Rules 2015, rule 117(1)-(3);Communications Act 2003 section 193
Reviewed against the retained current official sources. The received reference is an actual qualifying price-control reference under the governing statutory procedure.
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When must the CMA determine a CAT price-control reference?
The CMA determines a qualifying price-control reference within four calendar months after actual receipt, subject to Tribunal directions. Establish the statutory reference and any actual direction. This is not the party’s Ofcom appeal deadline.
Responsible actor. The CMA determining an actual qualifying price-control reference.
Actual CMA receipt of the Tribunal’s reference
The received reference is an actual qualifying price-control reference under the governing statutory procedure.
The received reference is an actual qualifying price-control reference under the governing statutory procedure. Actual CMA receipt is established; the Tribunal’s earlier reference order alone is not substituted. The Tribunal has not given directions changing the ordinary four-month determination period or procedure.
Competition Appeal Tribunal Rules 2015, rule 117(1)-(3);Communications Act 2003 section 193How does this provision count time?
- Exclude the day of actual CMA receipt of the Tribunal’s reference. Count 4 calendar months to the corresponding date, or the last day where that date is absent, under Rule 112(2)-(4).
- The CMA determining an actual qualifying price-control reference must check the final date under Rule 112(5). A weekend or bank holiday carries the required act to the next nonclosed day; actual directions remain material.
Exclude the day of actual CMA receipt of the Tribunal’s reference. Count 4 calendar months to the corresponding date, or the last day where that date is absent, under Rule 112(2)-(4).
The CMA determining an actual qualifying price-control reference must check the final date under Rule 112(5). A weekend or bank holiday carries the required act to the next nonclosed day; actual directions remain material.
Competition Appeal Tribunal Rules 2015, rule 117(1)-(3);Communications Act 2003 section 193What do independently checked examples show?
Fictitious example
Fictitious established ordinary branch. Actual CMA receipt of the Tribunal’s reference is Tuesday, October 13, 2026.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious established ordinary branch. Actual CMA receipt of the Tribunal’s reference is Tuesday, October 13, 2026. Exclude the effective event day and use the corresponding date in the later calendar month. Apply CAT 112(5) to the required-act endpoint. | Monday, February 15, 2027 |
| Example 2. Closed-day boundary | Fictitious boundary or material scenario. Exclude the effective event day and use the corresponding date in the later calendar month. Apply CAT 112(5) to the required-act endpoint. Exclude the effective event day and use the corresponding date in the later calendar month. Apply CAT 112(5) to the required-act endpoint. | Tuesday, December 29, 2026 |
| Example 3. Material procedural branch | Fictitious boundary or material scenario. An actual Tribunal direction substitutes a different period before the CMA’s determination. An actual Tribunal direction substitutes a different period before the CMA’s determination. | An actual Tribunal direction substitutes a different period before the CMA’s determination. |
| Example 4. Material procedural branch | Fictitious established ordinary excluded-event month branch, with no corresponding date in February 2027. Rule 112(3) uses February 28 when the corresponding date is absent. February 28,2027 is Sunday, so the required act carries to MondayMarch 1 under 112(5). | Monday, March 1, 2027 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Applicable procedure
- The received reference is an actual qualifying price-control reference under the governing statutory procedure.
- Actual triggering facts
- Actual CMA receipt is established; the Tribunal’s earlier reference order alone is not substituted.
- Material qualification
- The Tribunal has not given directions changing the ordinary four-month determination period or procedure.
- Counting and completion
- Exclude the day of actual CMA receipt of the Tribunal’s reference. Count 4 calendar months to the corresponding date, or the last day where that date is absent, under Rule 112(2)-(4). The CMA determining an actual qualifying price-control reference must check the final date under Rule 112(5). A weekend or bank holiday carries the required act to the next nonclosed day; actual directions remain material.
- The received reference is an actual qualifying price-control reference under the governing statutory procedure. Actual CMA receipt is established; the Tribunal’s earlier reference order alone is not substituted. The Tribunal has not given directions changing the ordinary four-month determination period or procedure.
- Actual CMA receipt is established; the Tribunal’s earlier reference order alone is not substituted.
What must the responsible actor complete?
Questions about this procedure
When must the CMA determine a CAT price-control reference?
Does the Tribunal’s reference order start four months automatically?
No. Rule 117(1) uses the CMA’s receipt of the reference. Preserve the actual receipt evidence.
Competition Appeal Tribunal Rules 2015, rule 117(1)Can the Tribunal change the four-month period?
Yes. Rule 117(1) makes the period subject to Tribunal directions, which may be given before the CMA makes its determination.
Competition Appeal Tribunal Rules 2015, rule 117(1)Can the CMA request procedural directions?
Yes. Rule 117(3) allows an application by the CMA or any party, and permits the Tribunal to act on its own motion.
Competition Appeal Tribunal Rules 2015, rule 117(2)-(3)Is this a party’s deadline to appeal an Ofcom decision?
No. It is the CMA’s determination duty after receipt of an actual reference. The party appeal and reference eligibility are separate questions.
Competition Appeal Tribunal Rules 2015, rule 117(1);2003 Act 193Does every dispute about a price qualify as a reference?
No. The governing statutory price-control-reference procedure must apply. A commercial price dispute does not establish that statutory category.
2003 Act 193How are four months counted under the ordinary rule?
Use the corresponding date four calendar months after the receipt date, or the last day if no corresponding date exists. Review final-day carry and actual directions.
Competition Appeal Tribunal Rules 2015, rule 112(2)-(5);117(1)Official sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| Competition Appeal Tribunal Rules 2015, rule 117(1)-(3);Communications Act 2003 section 193 | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 112(1)-(5) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 111 | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 117(1) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 117(2)-(3) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 117(1);2003 Act 193 | Check the identified procedure, event, counting rule or qualification |
| 2003 Act 193 | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 112(2)-(5);117(1) | Check the identified procedure, event, counting rule or qualification |