Kassie Smith QC has been appointed by the States of Jersey to carry out an independent review of the Jersey Competition and Regulatory Authority (JCRA) following the Royal Court judgment in ATF Overseas Holdings Ltd v JCRA.
The review will look into the circumstances leading up to a decision by the JCRA that ATF Fuels had abused a dominant market position. The Royal Court overturned this decision and this independent evaluation of the circumstances surrounding the case will investigate whether the JCRA discharged its legal duties appropriately, and whether there are any significant deficiencies in how Jersey competition law has operated. Terms of reference were published in a Ministerial Decision on 20 March 2018.
The initial phase of the review will involve a documentary review, followed by meetings with stakeholders to address points of clarification. It is anticipated that a draft report will be completed in the summer.
This has also been covered by the Bailiwick Express, see here.