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Appeals court reserves judgment in FTC, Digicel case

Published:Thursday | May 16, 2013 | 1:57 PM

The Court of Appeal is to hand down its decision on October 25 on whether the Fair Trading Commission (FTC) has the authority to intervene in the Digicel/Claro Merger.

Digicel is challenging a Supreme Court ruling in May last year that The FTC had the authority to intervene in the matter.

The FTC filed the claim in the Supreme Court after it completed its investigation into the Digicel/Claro Merger which it said would not be beneficial to consumers.

On Monday, attorneys at law Michael Hylton and Georgia Gibson-Henlin, who are representing Digicel, argued that Judge Almarie Sinclair Haynes erred in her ruling because the Fair Competition Act does not cover acquisitions.

However, Attorney-at-Law Dr Delroy Beckford, who is representing the FTC, argued that the legislation did not exempt or exclude telecommunications matters from the jurisdiction of the FTC.

He further argued that the Act governed agreements which substantially lessen competition in a market.


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