The Courts as the Preferred Means of Competition Law Enforcement
8 Pages Posted: 21 Aug 2011
Date Written: July 16, 2009
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: Suggested Citation