Business Complaint

If you believe you have sufficient grounds on which to make a complaint, then submit a written complaint to:

Executive Director
Fair Trading Commission
52 Grenada Crescent
Kingston 5

The following information will be required:

  1. Your full name, address and telephone details. If this application is being made on behalf of an organization, you should also include the name of the organization and your position in it.
  2. A brief description of the practice that is deemed anti-competitive
  3. If possible, the relevant breach should be stated and the relevant Section of the Fair Competition Act identified. Examples of anti-competitive practices are given below:
    • Agreements to fix trading conditions (Section 17),
    •  Joint buying/selling (Section 17)
    • Excessively high prices (Section 20)
    • Refusal to supply (Section 20)
    • Exclusive dealing (Section 17, 20 and 33)
    • Tied selling (Section 17, 20 and 33)
    • Abuse of a dominant position in a market (Section 20)
    • Resale price maintenance by individual enterprises or by collective enterprises (Section 17, 20, 22, 23, 25, 24, 27 and 34)
    • Directly or indirectly fixing purchasing or selling prices (Section 17 and 34)
    • Agreements to share markets (Section 17 and 35)
    • Price discrimination and discounts (Section 17 and 20)
    • Bid-rigging/collusive tendering (Section 17 and 36)
    • Cartels (Section 22,23 and 35)
    • Information-sharing agreements (Section 17)
      For more information on these breaches, please refer to the Fair Competition Act, or Prohibitions under the FCA.
  4. Submit all documents that are relevant to your complaint.
  5. Give details of names and addresses of the individuals/companies/organizations directly affected by the agreement or practice.
  6. List as fully as practicable by name or category, the other parties likely to be affected by the agreement or practice.
  7. Please describe the market to which the agreement or practice for which the breach relates, by reference to product, geographic boundaries or function, as appropriate. If more than one market is affected, please describe each market to the best of your knowledge and indicate your market share(s) and the shares of other market participants presently operating in each market affected. In particular, please analyze the level of competition in the market(s) affected and give details of any barriers to entry in relation to the market(s) for the product(s) or service(s). Further, consider how the agreement or practice would influence effective competition in the specified market(s).