Functions and powers

The functions and powers of the Commission are spelt out in Article 173 and 174 of Chapter 8 of the Revised Treaty of Chaguaramas respectively:

ARTICLE 173

Functions of the Commission

  1. The Commission shall:

    • apply the rules of competition in respect of anti-competitive cross-border business conduct;
    • promote and protect competition in the Community and co-ordinate the implementation of the Community Competition Policy; and
    • perform any other function conferred on it by any competent body of the Community.

  2. In discharging the functions set out in paragraph 1, the Commission shall:

    • monitor anti-competitive practices of enterprises operating in the CSME, and investigate and arbitrate cross-border disputes;
    • keep the Community Competition Policy under review and advise and make recommendations to COTED to enhance its effectiveness;
    • promote the establishment of institutions and the development and implementation of harmonised competition laws and practices by the Member States to achieve uniformity in the administration of applicable rules;
    • review the progress made by the Member States in the implementation of the legal and institutional framework for enforcement;
    • co-operate with competent authorities in the Member States;
    • provide support to the Member States in promoting and protecting consumer welfare;
    • facilitate the exchange of relevant information and expertise; and
    • develop and disseminate information about competition policy, and consumer protection policy.

  3. The Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its functions to one or more of its members.


ARTICLE 174

Powers of the Commission

  1. Subject to Articles 175 and 176, the Commission may, in respect of cross-border transactions or transactions with cross-border effects, monitor, investigate, detect, make determinations or take action to inhibit and penalise enterprises whose business conduct prejudices trade or prevents, restricts or distorts competition within the CSME.

  2. The Commission may, in accordance with applicable national laws, in the conduct of its investigations:

    • secure the attendance of any person before it to give evidence;
    • require the discovery or production of any document or part thereof; and
    • take such other action as may be necessary in furtherance of the investigation.

  3. The Commission may, on the basis of its investigations, make determinations regarding the compatibility of business conduct with the rules of competition and other related provisions of the Treaty.

  4. The Commission shall, to the extent required to remedy or penalise anti-competitive business conduct referred to in Article 177:

    • order the termination or nullification as the case may require, of agreements, conduct, activities or decisions prohibited by Article 170;
    • direct the enterprise to cease and desist from anti-competitive business conduct and to take such steps as are necessary to overcome the effects of abuse of its dominant position in the market, or any other business conduct inconsistent with the principles of fair competition set out in this Chapter;
    • order payment of compensation to persons affected; and
    • impose fines for breaches of the rules of competition.

  5. The Commission may enter into such arrangements for the provision of services as may be necessary for the efficient performance of its functions.

  6. The Member States shall enact legislation to ensure that determinations of the Commission are enforceable in their jurisdictions.

  7. The Commission may establish its own rules of procedure.

Mission Statement

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Regional Steering Committee

Our region is vulnerable to shocks beyond our control. It continues to suffer the effects of the great recession of 2008/2009 and the natural disasters of 2016-2018. Now in 2020, because of COVID-19, the regional economy is already contracting with shutdowns to our main economic drivers of tourism, manufacturing, and export.

The CCC is of the view that competition and consumer authorities in the region can help mitigate the effects of the pandemic on commercial and consumer welfare. This can be done by ensuring effective communication and information sharing by key agencies with our national and regional public. The CCC therefore developed a Regional Action Plan (“Plan”), in full consultation with regional trade, competition and consumer officials, which contains collaborative strategies for national competition and consumer protection authorities in the CARICOM to address the impacts of the pandemic. The Plan centers on three pillars:

1. Monitoring: This pillar would see the activation and/or creation of online portals for regional monitoring of key products and services and interagency collaboration on mechanisms.

2. Advocacy: Encouraging businesses and consumers to report misleading advertising, and excessive pricing. Significant collaboration with relevant authorities to issue public advisories and to warn against negative trade practices.

3. Enforcement: Competition and consumer agencies are encouraged to be firm and steadfast in taking action to minimize instances where competition and consumer welfare is harmed.

To ensure implementation of the Action Plan, there are three main collaboration mechanisms:

(1) a regional Consultative Group – comprised of trade, competition and consumer officials which started meeting on April 3rd, 2020. The Consultative group is expected to meet every 6 to 8 weeks for the duration of the pandemic. These meetings will be required to raise with governments of Member States any legislative or policy changes required for optimum flexibility in competition policy and consumer protection to address the impacts on the pandemic on consumers (public, business, government).

(2) CCC- National Consumer NGO Consultative Forum – first meeting was convened on May 4th, 2020, and forum is to meet every month of the pandemic.  This specific forum is to capture the on the ground needs of consumers.

(3) Steering Committee on Regional Action Plan – Convened on April 22nd, 2020 with a Terms of Reference designed to drive movement of work nationally and regionally on the Action plan. Each Action Plan pillar has designated lead agencies from around the region. The CCC is Chair and secretary of the committee. The Steering Committee includes, but is not limited to, representatives from:
 
• CARICOM Competition Commission (Chair and Secretariat)
• Barbados Fair Trading Commission
• Jamaica Fair Trading Commission
• Guyana Competition and Consumer Affairs Commission
• Consumer Affairs Commission of Jamaica
• Belize Bureau of Standards
• Trinidad and Tobago Consumer Affairs Division
• Saint Lucia Consumer Affairs Department.