Caribbean News Now!

About Us Contact Us


Jump to your country or territory of interest

Advertise with us

Reach our daily visitors from around the Caribbean and throughout the world. Click here for rates and placements.


Submit news and opinion for publication


Click here to receive our daily regional news headlines by email.


Click here to browse our extensive archives going back to 2004

Also, for the convenience of our readers and the online community generally, we have reproduced the complete Caribbean Net News archives from 2004 to 2010 here.

Climate Change Watch

The Caribbean is especially vulnerable to rising sea levels brought about by global warming. Read the latest news and information here...

Follow Caribbean News Now on Twitter
Connect with Caribbean News Now on Linkedin

News from the Caribbean:

Back To Today's News

CCJ Corner: CARICOM Competition Commission's investigation process under CCJ scrutiny
Published on September 17, 2013 Email To Friend    Print Version

This is the first article in a public education initiative of the Caribbean Court of Justice called the CCJ Corner, which will see the publication of summaries of decisions of the Caribbean Court of Justice in all major regional media outlets in order to educate the general public about the court’s decisions and develop the research and writing skills of the law students throughout the region.

By Elizabeth M. Mitchell-Daxon
Eugene Dupuch Law School of the Bahamas

CARICOM has established a Competition Commission that investigates and polices anti-competitive business behavior throughout the CARICOM region. In the CCJ case of Trinidad Cement Limited v The Competition Commission Trinidad Cement Limited (“TCL”) brought an action against the Commission claiming that the Commission failed to consult with and notify it of the Commission’s decisions to investigate alleged anti-competitive business behavior by TCL.

The key question in the case was whether the Commission had a duty to notify TCL before the investigation was launched. This depended on whether TCL was an “interested party” within the meaning of Article 175 of the Revised Treaty of Chaguaramas (the “Treaty”).

In deciding the case, as a preliminary matter the CCJ held that the Commission was a proper party to the proceedings given its extensive powers under the Treaty and its ability to initiate legal proceedings before the CCJ in its own name. The Court further held that it had jurisdiction to hear TCL’s complaint as “no conduct or exercise of power by a treaty created institution … should escape the judicial scrutiny of the Court”.

On the critical issue of whether TCL was “an interested party” at the investigation stage, the court stated that this did not hinge on the fact that the company was targeted by the Commission. The Treaty did not grant a targeted business any role in consultations at the investigations stage. TCL had no legitimate interest that could be affected at that preliminary stage, where the Commission was simply deciding whether it could and should carry out an investigation. The Court therefore dismissed the case.

Although it dismissed TCL’s application, the Court encouraged the Commission to review its rules to ensure that they are in concert with the Treaty and reflect appropriate standards of fairness.

This summary is intended to assist the Caribbean public in learning more about the work of the CCJ. It is not a formal document of the Court. The judgment of the Court is the only authoritative document and may be found at
Reads: 8127

Click here to receive daily news headlines from Caribbean News Now!



No comments on this topic yet. Be the first one to submit a comment.


As a result of our comments feature being overtaken in recent weeks by spammers using fake email addresses, producing a large number of bounced verification emails each day, we have reluctantly decided to suspend the comments section until further notice.

User comments posted on this website are the sole views and opinions of the comment author and are not representative of Caribbean News Now or its staff. Caribbean News Now accepts no liability and will not be held accountable for user comments.
Caribbean News Now reserves the right to remove, edit or censor any comments. Any content that is considered unsuitable, unlawful or offensive, includes personal details, advertises or promotes products, services or websites or repeats previous comments will not be approved.
Before posting, please refer to our Terms of Use and Privacy Policy.

Other Headlines:

Regional Sports: