Barbados: Fair Trading Commission
Barbados
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Barbados: Fair Trading Commission

Barbados: Fair Trading Commission

Barbados

Barbados: from the enforcer

Address: Good Hope, Green Hill, St Michael, BB12003, Barbados
Tel: +1 246 424 0260
Fax: +1 246 424 0300
Web: www.ftc.gov.bb

Contacts

image 128
Sandra Sealy
Chief Executive Officer

image 129
Troy Waterman, PhD
Director of Fair Competition (Acting)

Questions and answers

How long is the head of agency’s term of office?

Three years.

When is he or she due for reappointment?

She is due for reappointment in 2021.

Which posts within the organisation are political appointments?

There are 11 part-time commissioners.

What is the agency’s annual budget?

Approximately US$2.6 million. This figure includes the Commission’s three Divisions – Fair Competition, Consumer Protection and Utility Regulation.

How many staff are employed by the agency?

The full complement is 34.

To whom does the head of the agency report?

To the chairman and commissioners.

Do any industry-specific regulators have competition powers?

No.

If so, how do these relate to your agency’s role?

Not applicable.

May politicians overrule or disregard authority’s decisions? If they have ever exercised this right, describe the most recent example.

No.

Does the law allow non-competition aims to be considered when your agency takes decisions?

Yes, with merger and authorisation applications.

Which body hears appeals against the agency’s decisions? Is there any form of judicial review beyond that mentioned above? If so, which body conducts this? Has any competition decision by the agency been overturned?

The High Court hears appeals and actions in judicial review of decisions of the Commission. Beyond this level, further appeals of the High Court Decisions would be taken to the Court of Appeal. The Caribbean Court of Justice is the final appellate court. No competition decision by the agency has been overturned.

Has the authority ever blocked a proposed merger? If yes, please provide the most recent instances.

Yes. In November 2017, the Commission blocked the proposed acquisition of the sole storage and distribution entity for the supply of petroleum products in Barbados, by the largest marketer and dealer of downstream petroleum products.

Has the authority ever imposed conditions on a proposed merger? If yes, please provide the most recent instances.

Yes, customers are to be notified of the sale within a specific timeframe and will face no penalties for breaking contracts within five (5) years of the transaction.

Has the authority conducted a Phase II investigation in any of its merger filings? If yes, please provide the most recent instances.

No.

Has the authority ever pursued a company based outside your jurisdiction for a cartel offence? If yes, please provide the most recent instances.

No.

Do you operate an immunity and leniency programme? Whom should potential applicants contact? What discounts are available to companies that cooperate with cartel investigations?

No.

Is there a criminal enforcement track? If so, who is responsible for it? Does the authority conduct criminal investigations and prosecutions for cartel activity? If not, is there another authority in the country that does?

Yes. The Fair Trading Commission may pursue criminal enforcement through the High Court.

Are there any plans to reform the competition law?

Yes.

When did the last review of the law occur?

It is currently under review.

Do you have a separate economics team? If so, please give details.

No.

Has the authority conducted a dawn raid?

No.

Has the authority imposed penalties on officers or directors of companies for offences committed by the company? If yes, please provide the most recent instances.

No.

What are the pre-merger notification thresholds, if any, for the buyer and seller involved in a merger?

Any merger by an enterprise that controls more than 40 per cent of any market, either by itself or with another enterprise, is prohibited unless permitted by the Commission.

Are there any restrictions on investments that involve less than a majority stake in the business?

No.


Barbados: from the enforcer's competition economists

Address: Good Hope, Green Hill, St Michael, BB12003, Barbados
Tel: +1 246 424 0260
Fax: +1 246 424 0300
Web: www.ftc.gov.bb

Contacts

image 130
Sandra Sealy
CEO

image 131
Troy Waterman, PhD
Director of Fair Competition (Acting)

Questions and answers

How many economists do you employ?

The Fair Trading Commission, Barbados (the Commission) employs two economists.

Do you have a separate economics unit, or ‘bureau’?

No, the Commission does not have a separate economics unit.

Do you have a chief economist?

Yes, the Commission has a post of chief economist.

To whom does the chief economist report?

The chief economist reports to the Director of Fair Competition in the Fair Competition Division.

Does the chief economist have the power to hire his or her own staff?

No, the chief economist does not have the power to hire his or her own staff.

How many economists have a PhD in industrial economics?

None of the economists have a PhD in industrial economics.

Does the agency include a specialist economist on every case team? If not, why not?

Yes, the Commission includes a specialist economist on every case team investigating anticompetitive conduct.

Is the economics unit a ‘second pair of eyes’ during cases – is it one of the agency’s checks and balances? If not, why not?

There is no economics unit, but the economists provide the economic checks.

How much economics work is outsourced? What type of work is outsourced?

Economics work related to competition policy is not outsourced.

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