01 June 2018
An independent review of the Jersey Competition and Regulatory Authority (JCRA), announced by the Chief Minister earlier this year, has now begun. Senator Ian Gorst announced the review on 16 January, following the court judgment in ATF Overseas Holdings Limited v JCRA.
The review will look into the circumstances leading up to a decision by the JCRA that ATF Fuels had abused a dominant market position. The Royal Court overturned this decision and this independent evaluation of the circumstances surrounding the case will investigate whether the JCRA discharged its legal duties appropriately, and whether there are any significant deficiencies in how the competition law has operated.
Terms of reference were published in a Ministerial Decision on 20 March, and a leading barrister specialising in competition law, Kassie Smith QC, Monckton Chambers, has been appointed to conduct the review.
The initial phase of the review will involve a documentary review, followed by meetings with stakeholders to address points of clarification. Interested parties wishing to meet with Counsel are invited to contact CompetitionReview@gov.je
It is anticipated that a draft report will be completed in the summer.