THE JAMAICA GAZETTE

SUPPLEMENT

PROCLAMATIONS, RULES AND REGULATIONS

465

Vol. CXXIII

THURDSDAY, OCTOBER 19, 2000

No. 87

No. 136 THE FAIR COMPETITION ACT

THE FAIR COMPETITION (NOTICES AND PROCEDURES) REGULATIONS, 2000

In exercise of the power conferred upon the Commission by section 52 of the Fair Competition Act and with the approval of the Minister, the following Regulations are hereby made -

16. These Regulations may be cited as the Fair Competition (Notice and Procedures) Regulations, 2000.

17. In these Regulations -

"authorized officer" means the Executive Director or an officer of the Commission authorized by the Executive Director for the purposes of these Regulations;

"informant" means a person who supplies information to the Commission regarding a complaint;

"respondent" means a person against whom -

(o) a complaint is made to the Commission; or

(p) an application is made to the court by the Commission pursuant to section 46.

Notice of Examination of Witnesses

18. Where the presence of a witness is required for the purposes of an investigation, the Commission shall serve on that witness a notice in the form set out as Form A or Form B in the Schedule as the case may require.

Form A.

Form B.

Schedule.

Notice to Produce Documents

19. –(1)Where the Commission requires a document to be produced for the purposes of an investigation, the Commission shall serve on the relevant person, a notice in the form set out as Form C in the Schedule.

Form C.

(q) where the respondent -

(xi) indicates that he wishes to settle the claims without admitting liability; or

(xii) admits liability and agrees to the terms of settlement proposed by the Commission;

(r) if the Commission considers it appropriate at any time during a hearing conducted by the Commission; or

(s) where proceedings are initiated by the Commission pursuant to section 46, upon an application by the Commission to the Court for adjournment of those proceedings in order to facilitate a settlement.

21. -(1) An authorized officer may make a recommendation for settlement to the Commission.

(2) The Commission may approve the recommendation under paragraph (1) subject to such modification as it thinks fit.

(3) Where a settlement is approved pursuant to paragraph (2), the authorized officer shall -

(t) record the terms of the settlement in the Consent Agreement set out as Form D in the Schedule; and

(u) provide the respondent with a copy thereof signed by the respondent.

Form D.

Schedule.

22. -(1) Where an authorized officer decides to hold an informal meeting with the respondent, the authorized officer shall notify the respondent in writing -

(v) of the place, date and time of the meeting; and

(w) that he may be represented by an Attorney-at-law or any other person at the meeting.

(2) If the respondent is unable to attend the meeting, he shall notify the Commission in writing at least five days before the date of the meeting.

23. -(1) In deciding whether to recommend a settlement, the authorized officer shall have regard to -

(x) the degree of cooperation offered by the respondent during the course of investigation;

(y) the nature, degree and gravity of the breach;

(z) whether it is the first time that the respondent is under investigation for a breach;

(aa) any other relevant factor.

(2) A settlement may provide for one or more of the following -

(bb) the payment of compensation by the respondent to the informant in kind or in money, or a refund to the informant of an amount equivalent to any monetary loss suffered by the informant as a result of the breach;

(cc) a requirement that the respondent -

(xiii) makes a donation to charity of such amount as is specified in the Consent Agreement;

(xiv) makes an apology to the informant for the injury occasioned by the breach;

(dd) such other remedy as the Commission deems appropriate, having regard to all the circumstances.

24. The respondent may be required to pay the cost of the investigation and hearing, based on the gravity of the breach and the length of time, effort and money expended by the Commission in conducting the investigation or hearing.

25. Where the Commission takes action under regulation 5(2)(c), for the settlement of a matter which is before the Court -

(ee) the Commission shall notify the Court in writing of such settlement;

(ff) the settlement shall be endorsed on the records.

SCHEDULE

FORM A

Summons to Witness to Appear before the Fair Trading Commission

(Regulations 3, 4 and 6)

(Regulation 3)

TO: ……………………………………………………………………………………

(name of witness)

……………………………………………………………………………………..

(address of witness)

Take Notice that you are hereby required to appear before the Commission for examination pursuant to section 6 of the Fair Competition Act.

The Commission is presently conducting a complaint against …………………..

…………………………………………………………………………………………

(name of respondent)

Nature of Complaint

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

Please be present as follows:-

Date: …...…………………………………………………………………….

Time:…………………………………………………………………………

Place:…………………………………………………………………………

………….………………………………………………………………

You have a right to be represented by an Attorney-at-law or any other person.

Failure to appear without reasonable excuse may subject you to a fine not exceeding Twenty Thousand Dollars ($20,000.00) and/or imprisonment for a term not exceeding two (2) years pursuant to section 45 of the Fair Competition Act.

Dated the day of

………………………………………….

Commissioner/Executive Director,

Fair Trading Commission.