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Appeals court ruling in Digicel/Fair trade case today

Published:Friday | October 25, 2013 | 7:41 AM

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

The Court reserved its judgement in May.

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

The FTC had filed a claim in the Supreme Court in 2011 after it completed an investigation into the Digicel-Claro merger.

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

However, attorneys representing Digicel, have argued that Supreme Court Judge Almarie Sinclair Haynes erred in her 2012 ruling because the Fair Competition Act does not cover acquisitions.

Digicel is represented by Attorneys-at-Law Michael Hylton and Georgia Gibson-Henlin.

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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