Download this Paper Open PDF in Browser

The Courts as the Preferred Means of Competition Law Enforcement

8 Pages Posted: 21 Aug 2011  

Derrick V. McKoy

University of the West Indies at Mona, Faculty of Law

Date Written: July 16, 2009

Abstract

This paper is part of a general discussion on the most efficacious way to administer competition policy in Jamaica. The author examines the existing completion law and policy framework against the background of the Court of Appeal Decision in the Jamaica Stock Exchange v Fair Trading Commission case, and argues that sending all competition law disputes to the regular or commercial courts, rather than to a specialized administrative tribunal or to a division of the Fair Trading Commission itself, was the preferred option. The author concludes that the Stock Exchange Case, while it imposes some restraints on the Fair Trading Commission, does not really hamstring its operations.

Keywords: Competition policy, Competition law, Jamaica, Court of Appeal, Jamaica Stock Exchange v Fair Trading Commission, competition authority, commercial courts, administrative, tribunal, Fair Trading Commission, Stock Exchange, Case

JEL Classification: D21, D73, D74, D78, H11, K00, K19, K20, K21, K23, K41, L44, L49

Suggested Citation

McKoy, Derrick V., The Courts as the Preferred Means of Competition Law Enforcement (July 16, 2009). Available at SSRN: https://ssrn.com/abstract=1913529 or http://dx.doi.org/10.2139/ssrn.1913529

Derrick V. McKoy (Contact Author)

University of the West Indies at Mona, Faculty of Law ( email )

Mona Campus
Kingston, 7
Jamaica
(876) 927-1855 (Phone)
(876) 970-1242 (Fax)

HOME PAGE: http://myspot.mona.uwi.edu/law/

Paper statistics

Downloads
136
Rank
179,646
Abstract Views
666