The Guernsey Competition and Regulatory Authority has made a statement in light of “recent media interest” in the ongoing mooring fee debate, and after it received a complaint from the Guernsey Boatowners Association.
The GBA recently announced it would lodge a complaint to the GCRA as a “last result” as it continues to push back against proposed mooring fee increases.
“The level of mooring fees in some Guernsey harbours is set to rise by up to 45% and boat owners have made a complaint to the GCRA under the Guernsey Competition Law about the size of this increase,” the Regulator said in a statement.
“Competition law applies to sectors where in principle, market forces are free to operate. The GCRA may in certain circumstances intervene to prevent dominant businesses from charging customers excessive prices.
“Guernsey Ports does not have the legal power to set its own mooring fees. The States of Guernsey has reserved price setting powers to itself in respect to Guernsey Ports, and as such is effectively the price regulator for Guernsey Ports. Competition law is not intended to override the ability of the States to exercise these price setting powers.”
The CEO of the GCRA, Michael Byrne, said:
“The GCRA can only act using powers given to it by the States of Guernsey. The legal powers of the GCRA do not extend to circumstances where the States of Guernsey has removed sectors of the economy – such as airlines or the dairy industry — from the scope of competition law, or where it has reserved powers to itself – such as the price setting powers in this case.
“The GCRA’s powers therefore do not extend to assessing a competition law complaint in respect to mooring fees.”