Events Calendar

FTC Statement on Strike by Transport Operators

The Fair Trading Commission (FTC) is monitoring reports regarding the ongoing coordinated action by transport operators to withdraw their services on November 14-15, 2022.

The Fair Competition Act (FCA) prohibits coordinated action by competitors. Specifically, section 18 of the FCA prohibits persons who compete with each other from agreeing to prevent, restrict or limit the supply of goods or services to any person or class of persons. This action harms commuters. The FTC advises transport operators against continuing this action.

The FTC is investigating the matter. Breaches of the FCA attract a fine of up to 5 million dollars for each offense.

FTC STATEMENT ON THE STRIKE BY TRANSPORT OPERATORS

T&T FTC Study Visit

The Jamaica Fair Trading Commission (FTC) continues to facilitate competition law and policy development within the CARICOM region through information sharing and discussions on best practices. From July 18 to 20, 2022, the FTC hosted the Trinidad & Tobago Fair Trading Commission’s Senior Legal Counsel Ms Kristle Maharaj, in a study visit. As a result, Ms Maharaj was exposed to several internal work processes related to the FTC’s core functions. Among the areas described were investigation procedures (case screening, case selection criteria, etc.), complaints handling (evidence gathering, file management), conducting market studies (study proposals, data collection, stakeholder consultation), competition advocacy & public education, and general operations (human resource requirements, case management, project management).

Hyperscalers Market Study Proposal – Stakeholder Consultation

The FTC invites comments from any interested party on its proposed study (Study Proposal) of the competition impact of hyperscalers on the local communication sector.   The FTC will consider your comments on the proposed issues outlined and/or other possible issues.  Those responding should support their views with relevant evidence where possible, by email to the FTC (ftc@cwjamaica.com), by August 9, 2022.

Hyperscalers Market Study Proposal

FTC Presentation to Caribbean Governance Week

Mr. David Miller, Executive Director, participated in Governance Week 2022, hosted by the Caribbean Governance Institute from June 27 to July 1, 2022.  The theme was “Developing the conscience of the board”.  Mr. Miller participated on Day 2 – Governance of the Private Sector, where he was a member of the panel that discussed “Engaging in Fair Trade”.  The other members of that panel were Mr. Bevan Narinesingh, Executive Director of the Fair Trading Commission in Trinidad and Tobago, and Mr. Troy Waterman, Director of the Fair Competition Division of the Barbados Fair Trading Commission.  Ms. Carmel Haynes, Executive Director of the Barbados International Business Association served as the moderator for the panel.

Click to view Mr. Miller’s speaking notes.

https://jftc.gov.jm/wp-content/uploads/2022/07/FTC-presentation-to-Caribbean-Governance-Week.pdf

ICN Presentations – Frenemies

“Mr. David Miller, Executive Director, participated in two sessions at the 2022 Annual Conference of the International Competition Network (ICN), held May 4-6, 2022, in Berlin, Germany.

In the Breakout Session entitled “Frenemies – when a regulator’s objectives conflict with those of a competition agency”, Mr. Miller highlighted the FTC’s experience in interacting and collaborating with sector regulators. Mr. Miller’s speaking notes may be accessed here.”

ICN Presentations – Frenemies

Implementation in the ICN Presentation

Mr. David Miller, Executive Director, participated in two sessions at the 2022 Annual Conference of the International Competition Network (ICN), which was held May 4-6, 2022 in Berlin, Germany.

In the Plenary Session on the “Implementation in the ICN”, Mr. Miller highlighted the FTC’s use of the ICN Merger Guidelines Workbook, in influencing the FTC Merger Guidelines, which were issued in February 2022.  Mr. Miller’s speaking notes may be accessed here.

Implementation in the ICN Presentation

Speaking Notes for February 24th 2022 Press Briefing

The Fair Trading Commission participated in the CAC/FTC Press Briefing on February 24, 2022, at which Mr. David Miller, Executive Director spoke about the FTC’s recent work and the way forward.  Mr. Miller’s presentation is attached.

Speaking Notes for February 24th 2022 Press Briefing

The Impact of Telemedicine on Competition and Innovation in Health Care

On January 30, 2022, Kevin Harriott, Competition Bureau Chief, participated in a Webinar on the theme “Ethics of Telemedicine & Social Media Use among Medical Professionals” hosted by Medical Council of Jamaica. In his presentation, Dr. Harriott highlighted the potential for telemedicine to enhance competition in the delivery of health care services in Jamaica and identified the primary threats to realising these benefits.

The Impact of Telemedicine on Competition and Innovation in Health Care

Study of Nursing Homes Sector in Jamaica

In November 2021, the FTC completed its study on the nursing homes sector. The study examined issues that may affect the efficient functioning of the sector and focused specifically on the availability of information on nursing homes, access to terms and services, and access to making complaints. Nursing homes provide services for the vulnerable segment of the population and therefore a well-functioning sector would allow for (i) informed decision making on the part of consumers; and (ii) competitive pressure on providers thereby improving the quality of service available and increasing choices of registered nursing homes in Jamaica.

The FTC concluded that it is difficult for individuals to obtain relevant information to assess the desirability of a given nursing home. Additionally, the lack of adequate resources to monitor nursing homes have implications for the efficient functioning of the sector.

To improve the functioning of the nursing homes sector, the FTC recommends that: (i) The MoHW provide adequate resources to the Institutions and Facilities Unit to carry out its functions; (ii) Information regarding complaints procedure and redress system should be more readily available to the public; and (iii) It should be mandatory for nursing homes to provide certain information to the public.

Click the link below to access the full Report.

FTC Study on the Nursing Home Sector in Jamaica

19th Annual Shirley Playfair Lecture

The FTC hosted the 19^th Annual Shirley Playfair Lecture on December 8, 2021 under the theme “Integrating Competition Law and Consumer Protection Law: Optimizing Consumer Welfare.” Mr. Stephen Calkins, Professor of Law from the Wayne State University, delivered the Lecture where he highlighted the usefulness of a single authority enforcing competition law and consumer protection law and also described issues, concerns and challenges from institutional, legal, operational, marketing, and staffing perspectives.