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Press Release : Update from CCC on CWC Agreement to acquire Columbus

            Update from CCC on CWC Agreement to acquire Columbus

The CARICOM Competition Commission (“the Commission”) hereby provides an update to its statement published on www.caricomcompetitioncommission.com on 10 December 2014 and issued to media organisations in Member States throughout the region, regarding the agreement by Cable and Wireless Communications Plc (“CWC”) to acquire Columbus International Inc. (“Columbus”).

The indicative conclusions of the internal assessment have given the Commission ‘reason to believe’ pursuant to Article 176.1 of the Revised Treaty of Chaguaramas, that the announced agreement between CWC and Columbus has the potential to prejudice trade and prevent, restricts or distorts competition within the CSME  with the possibility of cross-border effects.  

Accordingly, the Commission has written to the National Competition Authorities (NCAs) of Member States pursuant to Article 176.1 to “request the national competition authority to undertake a preliminary examination of the business conduct of the enterprise.”
 
Article 176.2 of the RTC, states that: “Where a request is received according to paragraph 1, the national competition authority shall examine the matter and report its findings to the Commission within such time as may be determined by the Commission”.

The Commission has  requested the NCAs complete the preliminary examination within 30 days from the date of receipt of the written request.

The Commission has written pursuant to Article 173.2(e) of the RTC to other competent authorities in the Member States, namely the national telecommunications regulators or ministries with responsibility for telecommunications to request a preliminary examination of the potential impact of the agreement between CWC and Columbus on national telecommunication markets. The Commission has requested their preliminary examinations be completed within 30 days from the date of receipt of the written request from the Commission.

The Commission invites stakeholders and consumers in the region to share their views with the National Competition Authorities, national telecommunications regulators or ministries with responsibilities for telecommunications, in order to facilitate the preliminary examinations. Stakeholders or consumers may also contact the Commission via its website http://www.caricomcompetitioncommission.com/en/contact to provide their views.

The Commission remains cognizant of the key objectives of Article 169. As such, the Commission is a strong advocate of efficiency and rivalry among firms in national and regional markets in the CSME, and advocates that the benefits to be derived must be shared among all stakeholders in an equitable manner.

The Commission remains committed to a fair and transparent process in the determination of all regulatory matters where the interests of Member States, business and consumers must be considered.

The Commission will provide a further update after the process of analysis and review of the preliminary examination reports from the NCAs, and national telecommunication regulators or ministries with responsibility for telecommunications in Member States is completed. At that time, the Commission will advise of any further action to be taken on this matter.

Dated: 28 January, 2015

CARICOM Competition Commission
Hendrikstraat 69
Paramaribo
Suriname
Tel: (597) 491-455/491-470
Fax: (597) 530-639
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Web site: www.caricomcompetitioncommission.com