(1) Any person aggrieved by a decision of the CMA, the appropriate Minister or the Secretary of State in connection with a reference or possible reference under this Part may apply to the Competition Appeal Tribunal for a review of that decision.

(2) For this purpose "decision" -

(za) does not include a decision whether to carry out functions under section 5 in a case where the CMA is, or would have been, required to publish a market study notice (see section 130A(1));

(a) does not include a decision to impose a penalty under section 167A(1) or 174A(1) or (1A); but

(b) includes a failure to take a decision permitted or required by this Part in connection with a reference or possible reference.