Jersey: From the Enforcer
Questions and answers
How long is the head of agency’s term of office?
When is he or she due for reappointment?
Which posts within the organisation are political appointments?
All members of the Board of the Authority are appointed by the Minister.
What is the agency’s annual budget?
2020 £1.3 million.
2021 £1.5 million.
How many staff are employed by the agency?
To whom does the head of the agency report?
The Chair is appointed by the Minister.
Do any industry-specific regulators have competition powers? If so, how do these relate to your agency’s role?
No. The Competition Authorities has a combined competition role, with sector specific regulation powers for air and sea ports, postal services and telecommunications.
May politicians overrule or disregard authority’s decisions? If they have ever exercised this right, describe the most recent example.
Does the law allow non-competition aims to be considered when your agency takes decisions?
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 Royal Court of Jersey.
Has the authority ever blocked a proposed merger? If yes, please provide the most recent instance.
Has the authority ever imposed conditions on a proposed merger? If yes, please provide the most recent instances.
Has the authority conducted a Phase II investigation in any of its merger filings? If yes, please provide the most recent instances.
Has the authority ever pursued a company based outside your jurisdiction for a cartel offence? If yes, please provide the most recent instances.
Do you operate a leniency programme? Whom should potential applicants contact? What discounts are available to companies that cooperate with cartel investigations?
Yes, the contact is the Chief Executive of the Authority or his or her designate, discounts of up to 100 per cent of the financial penalty are available. For further detail see https://www.jcra.je/legal-frameworks/guidelines/leniency-policy/.
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?
Are there any plans to reform the competition law?
When did the last review of the law occur?
Do you have a separate economics team? If so, please give details.
Yes, in house senior economic case officer supported by consultancy advice when required.
Has the authority conducted a dawn raid?
Have the authority imposed penalties on officers or directors of companies for offences committed by the company? If yes, please provide the most recent instances.
What are the pre-merger notification thresholds, if any, for the buyer and seller involved in a merger?
Are there any restrictions on investments that involve less than a majority stake in the business?
How many economists do you employ?
Do you have a separate economics unit?
Do you have a chief economist?
Senior economic case officer
To whom does the chief economist report?
Does the chief economist have the power to hire his or her own staff?
How many of your economists have a PhD in industrial economics?
1 has a Masters in Industrial Economics
Does the agency include a specialist economist on every case team? If not, why not?
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?
How much economics work is outsourced?
What type of work is outsourced?