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Digicel, FTC appeal case begins

Published:Tuesday | May 14, 2013 | 12:15 PM

The Court of Appeal has began hearing the appeal of telecommunications Company Digicel in relation to the Fair Trading Commission's intervention in its merger with Claro.

Queen's Counsel Michael Hylton and Attorney-at-Law Georgia Gibson-Henlin who are representing Digicel began their submissions yesterday.

The lawyers have argued that no complaint was made by telecommunications provider LIME.

The FTC has conceded that there was no such complaint.

A claim was filed by the FTC in the Supreme Court in 2011 after it completed its investigation into the Digicel-Claro merger.

The FTC claimed that the merger would not be beneficial to consumers.

Digicel filed a counter-claim asking the court to throw out the FTC's.

The company contended that the FTC did not have the authority in law to examine the deal. 

However, the FTC contends that it is entitled to examine the agreement as it contained provisions which lessen competition in the market.


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