Jersey’s competition law, Competition (Jersey) Law 2005 was passed on 23 June 2004. All parts of the Law, with the exception of parts 2 and 3, came into force on 1 May 2005. Parts 2 and 3 came into force on 1 November 2005.
The Law prohibits:
- arrangements between undertakings that hinder competition, or are intended to do so such as agreeing to fix prices, limit production, allocate markets or customers, or bid rigging (Part 2 of the Law);
- the abuse by one or more undertakings of a dominant position in a market (Part 3 of the Law); and
- certain mergers and acquisitions, unless the prior approval of the JCRA is obtained (Part 4 of the Law).
Under the Law, the JCRA has the power to investigate an undertaking it has ‘reasonable cause to suspect’ is involved in anti-competitive activities and to impose financial penalties and other penalties where appropriate. In addition, third parties may be able to claim for damages, including punitive damages, in the Royal Court.
The prohibitions against arrangements hindering competition and abuses of dominance in Parts 2 and 3 came into force on 1 November 2005. The requirement to seek JCRA approval for certain mergers and acquisitions, contained in Part 4, came into force on 1 May 2005.
Guidelines
These Guidelines give a general introduction to the provisions of the Competition (Jersey) Law 2005
1. What Your Business Needs to Know
2. Anti-Competitive Arrangements
3. Cartels
4. Trade Associations and Professions
5. Abuse of Dominant Position
6. Mergers and Acquisitions
7. Market Definition
8. How to Make a Complaint
9. Applications for Guidance and Exemption
10. Investigation Procedures
11. Vertical Arrangements
Leniency Policy
The Leniency Policy is designed to detect cartels that violate Part 2 of the Law. This Policy provides for either complete immunity from, or a substantial reduction of, penalties that the JCRA may impose under the Law for companies that report their activity to the JCRA and are prepared to cooperate with the JCRA.