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Competition Law Case [JCRA] C1117J: Review of Article 16

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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A decision made 20 March 2018:

Ministerial decision reference MD-C-2018-0055

Decision summary title Review of Article 16 Competition Law case [JCRA] C1117J

Decision summary author

Director Strategic Development 

Is the decision summary public or exempt?  


Report title: Review of the JCRA decision that ATF fuels had abused a dominant market position. Terms of Reference.

Report author or name of

person giving report

Director Strategic Development 

Is the report public or exempt?


Decision and reason for the decision

The Assistant Chief Minister approved the terms of reference for a review of the circumstances leading up to a decision by the JCRA that ATF fuels had abused a dominant market position.

The Royal Court overturned a decision of the JCRA that ATF fuels had abused a dominant market position. It is now appropriate to seek an independent evaluation of the circumstances surrounding the case including whether the JCRA has discharged its legal duties appropriately and whether there are any significant deficiencies in how the competition law has operated.

Resource implications

There will be a cost associated with securing expert legal advice to conduct the review. The cost will be met from within existing budgets.


Action required

The Chief Minister’s Department to ask the Law Officers to secure expert legal advice to carry out a review as set out in the Terms of Reference.









Senator Paul Routier M.B.E.

Assistant Chief Minister





Date signed

Effective date of the decision

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