Jersey’s competition watchdog will be able to impose fines of up to £10,000 to businesses that fail to provide information needed for a market study, if politicians approve the Economic Development Minister’s plans to update Jersey’s competition legislation.
Deputy Kirsten Morel wants to give the Jersey Competition Regulatory Authority (JCRA) explicit information-gathering powers in the context of market studies.
Currently, the JCRA relies on voluntary cooperation from businesses when conducting market reviews.
If approved, the updated law would explicitly grant the body statutory powers to require information.
The powers would allow the JCRA to issue notices requiring undertakings to provide information or documents that it considers necessary for a market study.
Deputy Morel explained: “While the specific approach and framework for market studies varies across jurisdictions, international best practice suggests that it is more common for market study powers, including information gathering powers, to be explicit legislative powers.”
Under the new law, the JCRA would be able to impose financial penalties on businesses that fail to comply with information requests without reasonable excuse. These include a fixed fine of up to £10,000, or daily fines of up to £1,000 for ongoing non-compliance.
Knowingly or recklessly supplying false, misleading, or incomplete information in response to such a notice would become an offence punishable by an unlimited fine.
However, businesses would be able to claim confidentiality over trade secrets or sensitive information – ensuring such details are not published in the final market study report.
And any penalties imposed would be appealable to the Royal Court, providing a legal check on the JCRA’s powers.
If approved, the new law would also require publication of draft and final reports, public consultation, and a Ministerial response to findings.
The draft law is due to be debated in the States Assembly in November.