Monday, 15 November 2010 22:48

Enforcing the Revised Treaty

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Article 171 of the Revised Treaty established the CARICOM Competition Commission with responsibility for applying the rules of competition to cross border anti-competittive business conduct and conduct that has border effect in the Single Market.

The CARICOM Commission will also promote and protect competition in the Community and co-ordinate the implementation of CARICOM Competition Policy. This Commission is also required to provide support to Member states in implementation of their obligations, including protecting consumer welfare, facilitating the exchange of relevant information and expertise, and developing and disseminating information about competition and consumer protection policies.

It is mandated to monitor, investigate, detect, make determinations and take any appropRiate action to inhibit and penalize enterprises whose business conduct prejudices trade or prevents, restricts or distorts competition within the CSME. In conducting investigations, the Commission may require any person to give evidence, submit documents, and it may take any such action as may be necessary to advance the investigation.

On the basis of the findings of the investigation, the Commission may

  • determine whether business conduct contravened the rules of competition
  • apply remedies or sanctions, including ordering the termination or nullification of agreements, conducts or activities prohibited by the law
  • issue "cease and desist" orders
  • impose fines
  • order payment of compensation to persons affected by the anti-competitive conduct.

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