FAIR COMPETITION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

PART I
Preliminary

   2   Interpretation

   3   Application Act

 

PART II
The Fair Trading Commission

   4   Establishment of Commission

   5   Functions of the Commission

   6   Commission shall seek information

   7   Powers of the Commission

   8   Hearings to be held in public

   9   Minister may give directions

   10   Powers of entry and search, etc

   11   Discontinuance of investigation

 

Financial Provisions, Accounts and Reports

   12   Funds of Commission

   13   Accounts and audit

   14   Reports

 

Appointment of Staff

   15   Appointment of Executive Director, Secretary and other employees

   16   Pensions, gratuities and other retiring benefits

 

PART III
Control of Uncompetitive Practice

   17   Provisions of agreement having effect of lessening competition

   18   Agreements containing exclusionary provisions void

   19   Existence of dominant position

   20   Abuse of dominant position

   21   Action in relation to abuse of dominant position

 

PART IV
Resale Price Maintenance Collective Resale Price Maintenance

   22   Collective agreements by suppliers prohibited

   23   Collective agreement by dealers

   24   Application of sections 22 and 23 to associations

 

Individual Minimum Resale Price Maintenance

   25   Minimum resale price maintained by contract or agreement

   26   Patented goods under section 25

   27   Maintenance of minimum resale prices by other means

   28   Interpretation

 

PART V
Authorisations

   29   Grant of authorisations

   30   Effect of authorisation

   31   Revocation of authorisation

   32   Register of authorisations

 

PART VI
Exclusive Dealing, Tied Selling and Market Restriction

   33   Exclusive dealing

 

PART VII
Offences against Competition

   34   Price fixing

   35   Conspiracy

   36   Bid-rigging

   37   Misleading advertising

   38   Representation as to reasonable test and publication of testimonials

   39   Double ticketing

   40   Sale at bargain price

   41   Sale above advertised price

   42   Obstruction of investigation

   43   Destruction of records, etc

   44   Giving false or misleading information to Commission

   45   Failure to attend and give evidence

 

PART VIII
Enforcement, Remedies and Appeals

   46   Application for enforcement

   47   Powers of Court

   48   Civil liability

   49   Appeals against finding of Commission

   50   Operation of order pending determination of appeal

 

PART IX
General

   51   Exemption from income tax, stamp duties, transfer tax and customs duty

   52   Regulations

   53   Powers of Commission to prohibit disclosure of information, documents and evidence

   54   Application to the Crown

      SCHEDULE

 

THE FAIR COMPETITION ACT

[Date of Commencement: 9th March, 1993]

Acts
9 of 1993
22 of 2001.

1   Short title

   This Act may be cited as the Fair Competition Act.

PART I
Preliminary (sections 2-3)

2   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "acquire"-

   (a)   in relation to goods, includes obtain by way of gift, purchase or exchange, and by way of lease, hire or hire purchase;

   (b)   in relation to services includes accept.

   "advertisement'' means any form of communication made to the public or a section of the public for the purpose of promoting the supply of goods or

   "agreement" includes any agreement, arrangement or; understanding whether oral or in writing or whether or not it is or is intended to be legally enforceable;

   "authorised officer" means any officer of the Commission. authorised by the Commission to assist it in the performance of its functions under this Act;

   "business" means any activity that is carried on for gain or reward or in the course of which goods or services are manufactured, produced or supplied; including the export of goods from Jamaica;

   "Commission" means the Fair Trading Commission established under section 4,

   "consumer" means any person who is either-

   (a)   a person to whom goods are or are intended to be supplied in the course of a business carried on by the supplier or potential supplier,

   (b)   a person for whom services are supplied in the course of business carried on by the supplier or potential supplier,

and who does not seek to receive the goods or services in the course of a business carried on by him;

   "Court" means the Supreme Court,

   "dealer" means a person carrying on a business of supplying goods, whether by wholesale or retail;

   "document" includes, in addition to a document in writing-

   (a)   any map, plan, graph or drawing;

   (b)   any photograph;

   (c)   any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;

   (d)   any film (including microfilm), negative, tape or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;

[22/2001 s 2.]

   "employee" means a person who works under a contract of employment;

   "enterprise" means any person who carries on business in Jamaica but does not include a person who-

   (a)   works under a contract employment; or

   (b)   holds office as director or secretary of a company and in either case is acting in that capacity;

   "functions" includes powers and duties;

   "goods" means all kinds of property other than real property, money, securities or choses in action;

   "group", where the reference is to a group persons fulfilling specified conditions (other than the conditions of being interconnected companies), means any two or more persons fulfilling those conditions, whether or not apart from fulfilling them they would be regarded as constituting a group

   "group of interconnected companies" means a group consisting of two or more companies all of which are interconnected with each other;

   "interconnected company" shall be construed in accordance with subsection (2) (a);

   "price" includes any charge or fee, by whatever name called;

   ''service" means a service of any description whether industrial, trade, professional or otherwise; "supply''-

   (a)   in relation to goods, includes supply or resupply by way of gift, sale, exchange, lease, hire or hire purchase;

   (b)   in relation to services, does not include the rendering of any services, under a contract of employment but includes

         (i)   the performance of engagements, for; gain or reward (including professional engagements) for any matter; and

         (ii)   the rendering of services to order, and the provision of services by making them available to potential users,

and "supplier" shall be construed accordingly;

   "trade" means any trade, business, industry, profession or occupation, relating to the supply or acquisition of goods or services.

   (2) For the purposes of this Act-

   (a)   any two companies are to be treated as interconnected companies if one of them is a company of which the other is a subsidiary of if both of them are subsidiaries of the same company;

   (b)   a group of interconnected companies shall be treated as a single enterprise.

   (3) Every reference in this Act to the term "market" is a reference to a market in Jamaica for goods or services as well as other goods or services that, as a matter of fact and commercial common sense, are substitutable for them.

   (4) References in this Act to the lessening of competition shall, unless the context otherwise requires; include references to hindering or preventing competition.

   (5) For the purposes of this Act, the effect on competition in a market shall be determined by reference to all factors that affect competition in that market, including competition from goods or services supplied or likely to be supplied by persons not resident or carrying on business in Jamaica.

3   Application of Act

   Nothing in this Act shall apply to-

   (a)   combinations or activities of employees for their own reasonable protection as employees;

   (b)   arrangements for collective "bargaining on behalf " of employers and employees for the purpose of fixing terms and conditions of employment;

   (c)   the entering into of an agreement in so far as it contains a provision relating to the use, licence or assignment of rights under or existing by virtue of any copyright, patent or trade mark;

   (d)   the entering into or carrying out of such an agreement or the engagement in such business practice, as is, authorised by the Commissioner under Part V

   (e)   any act done to give effect to a provision of an arrangement referred to in paragraph(c);

   (f)   activities expressly approved or required under any treaty or agreement to which Jamaica is a party;

   (g)   activities of professional associations designed to develop or enforce professional standards of competence reasonably necessary for the protection of the public;

   (h)   such other business or activity declared by the .Minister by order subject to affirmative resolution.

PART II
The Fair Trading Commission (sections 4-16)

4   Establishment of Commission

   (1) There is hereby established for the purposes of this Act, a body to be called the Fair Trading Commission which shall be a body corporate to which section 28 of the Interpretation Act shall apply.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.