Competition (Anti-trust) Law

 

Competition law and policy, a highly specialized discipline of law and economics, is of growing relevance worldwide.  The area is comparatively new to Jamaica and the Caribbean – the Jamaican Competition Agency (the oldest in the region) being only 25 years, and others such as those of Barbados, Trinidad & Tobago, Guyana and the Eastern Caribbean States being more recently established.  Another recent body, the CARICOM Competition Commission, a regional Competition Authority headquartered in Suriname and which applies competition rules in respect of all cross-border business conduct in the region, was established in 2008. 

Who We are & How We Work?

Competition Counsel provides a full suite of services to the private and public sectors in all aspects of competition law such as guidance on regulatory compliance, legislative drafting, training, and litigation support to large, medium and small enterprises operating in or seeking to invest in Jamaica and the Caribbean.  Compliance with competition law and related fields can appear to be complex – a maze of law and economics – we offer you guidance and support.

Wendy Duncan, Founder of Competition Counsel

Competition law is, and should be treated as, an immediate concern for all businesses in Jamaica and the Caribbean.  It is of increasing importance as Article 8 of the WTO GATS 1994 (General Agreement on Trade in Services) proscribes monopolization or the abuse of dominance and, consistent with the Revised Treaty of Chaguaramas, there is a move to harmonise competition law in CARICOM states.  Additionally, a recent judgment of the Judicial Committee of the Privy Council held that mergers and acquisitions are subject to review by the Jamaican Fair Trading Commission. A failure to comply with competition rules could result in merging entities suffering business inconvenience and even significant losses if remedies are applied after the merger.

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Meet Our Founder,
Wendy Duncan

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An attorney-at-law with over 25 years at the Bar and have served in both the private and public sectors.

Wendy has successfully prosecuted Consumer and Competition cases in the
several Courts in Jamaica at every level and appeared before the Judicial
Committee of the Privy Council as part of the Commission’s legal team in
the 2017 case of FTC v Digicel and  Another which was successful; paving
the way for the elaboration and modernization of the Commission’s merger
review framework.

Message from Wendy

We maintain genuine concern for our clients’ needs and are committed to finding the best solutions to meet those needs in a timely, efficient and effective manner. We aim to promote client welfare with the highest standards of professionalism and integrity. We are about providing high quality and personalized service to an exclusive number of clients so that we can always keep the communications lines open. Our streamlined size allows us to offer you highly personalized service while leveraging on cutting edge technology and systems. Our broad range of services include competition and consumer law, corporate and commercial law, divorce, personal Injury, civil litigation, conveyancing and estate matters.

To see the range of specialized services which we offer in competition law, have a look at our Competition Counsel brand which offers a variety of exciting products and services in this new and emerging area of law.