The Competition (Jersey) Law 2005 was passed on 23 June 2004 and came into force in 2005.
The Competition (Guernsey) Ordinance, 2012 was passed on 25 July 2012 and came into force on 1 August 2012. Whilst Part II is in force from 1 August, where a business was a party to an agreement immediately before the date of commencement of the Ordinance, Part II will not apply until 1 February 2013 to allow time to make any changes necessary to ensure compliance with the law.
The laws prohibit:
- agreements between businesses that hinder or prevent 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 Jersey Law and Part II of the Guernsey Ordinance);
- the abuse by one or more businesses of a dominant position in a market (Part 3 of the Jersey Law and Part I of the Guernsey Ordinance); and
- certain mergers and acquisitions, unless the prior approval of CICRA is obtained (Part 4 of the Jersey Law and Part III of the Guernsey Ordinance).
Through the JCRA and GCRA, CICRA has the power to investigate businesses
suspected of breaching the law. We can order that offending agreements or conduct be stopped and levy financial penalties on businesses
and individuals for the breach. In addition, third parties may be able to claim for damages, including punitive damages, in the Royal Court of Jersey or the Royal Court of Guernsey.
Guides and Guidelines
These publications give a general introduction to the provisions of the legislation in both islands.
1a. A Quick Guide
1b. A Compliance Guide
2. Anti-Competitive Agreements
4. Trade Associations
5. Abuse of a Dominant Position
6. Mergers and Acquisitions
7. Market Definition
8. How to Make a Complaint
9. Applications for Guidance and Exemptions
10. Investigation Procedures
11. Vertical Arrangements
12. Financial Penalties
12a. Sector Specific Financial Penalties
13. Leniency Policy
The Policy is designed to detect cartels that violate Part 2 of the Jersey Law and Part II of the Guernsey Ordinance. The policy will provide for either complete immunity from, or a substantial reduction of, a financial penalty that may be imposed under the legislation, for businesses that report their participation in a cartel to us and are prepared to cooperate fully with the investigation.
The International Competiton Network anti-cartel enforcement template
for the JCRA.