The GCRA published a statement this week indicating that it can’t assess the complaint due the States having reserved the power to set prices itself.
“The GCRA can only act using powers given to it by the States of Guernsey,” said the CEO of the GCRA, Michael Byrne.
“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.”
The GBA’s concerns have been echoed by the Guernsey Marine Traders Association, as the presidents of both organisations have jointly signed a response to the Regulator’s stance.
“We are obviously very disappointed that the Guernsey Competition & Regulatory Authority (GCRA) are unable to assist us in our battle with the States Trading & Supervisory Board (STSB) and Guernsey Ports over these draconian leisure boat mooring fee increases set to rise on April 1st.
“It appears due to the way the Billet was presented, that the States of Guernsey has effectively reserved price setting powers to itself in respect to Guernsey Ports, and as such is effectively the price regulator for Guernsey Ports.”
The organisations say they are now relying on Deputy Gavin St Pier’s motion to annul the incoming charges.
In signing off the GBA and the GMTA said: “It is unfortunate that a States Department can side step Consumer Law legislation in this way. I wonder how many deputies realised this is the case?”