Complaints

INFORMATION ON PREPARING A COMPLAINT

With regard to making a complaint pursuant to Article 175.1 and Article 175.2 of the Revised Treaty of Chaguaramas , the Commission has developed some guidance to assist a Member State or the Council on Trade and Economic Development (COTED) with respect to information to be submitted with said complaint  

Article 175.3 speaks to a complaint being in writing and containing sufficient information to enable the Commission to make a preliminary assessment as to whether it should proceed with the investigation. The Commission’s assessment is enhanced when as much information as possible is submitted with the complaint.

The Commission acknowledges that there are instances where all the information identified is not available to a Member State or COTED. In such circumstances, the Commission recommends that where a Member State or COTED believes that a breach of Community Competition law has occurred the Member State or COTED should submit the complaint with all the information that is in their possession.

I. Information regarding the complainant and the enterprise(s) or association of enterprises giving rise to the complaint

a)    Provide full details on the identity of the Member State(s)/COTED submitting the complaint. Provide basic information on the subject of the complaint and if it is an enterprise(s), identify the corporate group to which it belongs. Provide a contact person(s) where possible (with telephone number, postal and email address) from whom supplementary explanations can be obtained by the Commission.

b)     Identify the enterprise(s) or association of enterprises whose conduct the complaint relates to, including, where applicable, all available information on the corporate group to which the enterprise(s) belongs. Specify the nature and scope of the business activities pursued by them. Indicate if a relationship exists between the legal entity or natural person submitting the complaint and the subject(s) of the complaint (e.g. customer, competitor, etc).

II. Details of the alleged infringement and evidence

a)    List in detail the facts which in your opinion, it appears there exists an infringement of Article 177 or Article 179 of the Revised Treaty of Chaguaramas.

  • Indicate in particular the nature of the products (goods or services) affected by the alleged infringement(s).
  • Explain, where necessary, the commercial relationships concerning these products.
  • Provide all available details on the agreements or practices of the enterprise(s) or associations of enterprises to which this complaint relates.
  • Indicate, to the extent possible, the relative market share positions of the enterprises concerned by the complaint.


b)    Submit all documentation in your possession relating to or directly connected with the facts set out in the complaint (for e.g. text of agreements, minutes of negotiations or meetings, terms of transactions, business documents, circulars, correspondence, notes of telephone conversations, etc).

  • Provide the names and address of the person(s) able to testify to the facts set out in the complaint, and in particular of persons affected by the alleged infringement.
  • Submit statistics or other data in your possession which relate to the facts set out, in particular where they show developments in the marketplace (for e.g. information related to prices and price trends, barriers to entry to the market for new suppliers, etc.).


c)    Set out your view if possible, about the geographical area (Member States) impacted by the alleged infringement.

  • Explain where it is not obvious, the extent that trade between two or more Member States of the Community may have been affected by the conduct complained of.


III. Finding sought from the Commission and legitimate interest

a)    Explain what finding or action you are seeking from the Commission as a result of proceedings brought before the Commission.

  • Set out the grounds on which you claim a legitimate interest as complainant pursuant to Article 175 of the Revised Treaty.
  • State in particular how the conduct complained of affects you
  • Explain how, in your view, intervention by the Commission would be liable to remedy the alleged grievance.


IV. Proceedings before national competition authorities or national courts

a)    Provide full information about whether you have approached, concerning the same or closely related subject matters, any other competition authority and/or whether a lawsuit has been brought before a national court.

  • If so, provide full details about the administrative or judicial authority contacted and your submissions to such authority.


Declaration that the information given in this form and in the Annexes thereto is given entirely in good faith

Date and signature

Trinidad and Tobago

Competition Agency: The Fair Trading Commission was established under the Fair Trading Act (2006), but the Commission is not functioning to date.
Competition Legislation: Fair Trading Act (2006)
It must be noted that some aspects of the Act are yet to be proclaimed.
Contact person: Ministry of Trade, Industry and Investment
Level 12 Nicholas Tower
63-65 Independence Square
Port of Spain
Trinidad and Tobago
Telephone: 1-868-623-2931

Suriname

Competition Authority: The Republic of Suriname has not established a national competition authority as yet.
Competition Legislation: A Competition Bill has been drafted and a series of stakeholder consultations are being undertaken to finalise the Bill before taking it to the Parliament of Suriname.
Contact person: Ministry of Trade and Industry
Havenlaan Noord
Paramaribo
Suriname

St. Vincent and the Grenadines

Competition Agency: The Organication of Eastern Caribbean States (OECS) have agreed to establish a supra-national competition agency to handle competition matters within its single market.
Competition Legislation: The draft OECS Competition Bill is currently being reviewed.
Contact person: OECS Secretariat
Morne Fortune
P.O. Box 179
Castries
Saint Lucia
Telephone: 758-455-6300

St. Lucia

Competition Agency: The Organication of Eastern Caribbean States (OECS) have agreed to establish a supra-national competition agency to handle competition matters within its single market.
Competition Legislation: The draft OECS Competition Bill is currently being reviewed.
Contact person: OECS Secretariat
Morne Fortune
P.O. Box 179
Castries
Saint Lucia
Telephone: 758-455-6300

St. Kitts and Nevis

Competition Agency: The Organication of Eastern Caribbean States (OECS) have agreed to establish a supra-national competition agency to handle competition matters within its single market.
Competition Legislation: The draft OECS Competition Bill is currently being reviewed.
Contact person: OECS Secretariat
Morne Fortune
P.O. Box 179
Castries
Saint Lucia
Telephone: 758-455-6300

Montserrat

Competition Agency: The Organication of Eastern Caribbean States (OECS) have agreed to establish a supra-national competition agency to handle competition matters within its single market.
Competition Legislation: The draft OECS Competition Bill is currently being reviewed.
Contact person: OECS Secretariat
Morne Fortune
P.O. Box 179
Castries
Saint Lucia
Telephone: 758-455-6300

Jamaica

Competition Agency: The Jamaica Fair Trading Commission was established by means of the Fair Competition Act in 1993
Competition Legislation: The Fair Competition Act
Contact person: David Miller
Chief Executive Officer
52-60 Grenada Crescent
Kingston 5
Jamaica
Telephone: (876) 960-0120-4

Grenada

Competition Agency: The Organication of Eastern Caribbean States (OECS) have agreed to establish a supra-national competition agency to handle competition matters within its single market.
Competition Legislation: The draft OECS Competition Bill is currently being reviewed.
Contact person: OECS Secretariat
Morne Fortune
P.O. Box 179
Castries
Saint Lucia
Telephone: 758-455-6300

Guyana

Competition Authority: The Competition and Consumer Affairs Commission of Guyana (CCAC) is a corporate body established under the Competition and Fair Trading Act of Guyana (2006). The CCAC became operational since September 2011
The CCAC is charged with administering and enforcing the Competition and Fair Trading Act and the Consumer Affairs Act (2011).
 
Competition Legislation: Competition and Fair Trading Act of Guyana (2006)
   
Contact person:  
  Competition and Consumer Affairs Commission
  National Exhibition Site
  Sophia, Guyana
   
   
Telephone: 592-219-3927

Dominica

Competition Agency: The Organication of Eastern Caribbean States (OECS) have agreed to establish a supra-national competition agency to handle competition matters within its single market.
Competition Legislation: The draft OECS Competition Bill is currently being reviewed.
Contact person: OECS Secretariat
Morne Fortune
P.O. Box 179
Castries
Saint Lucia
Telephone: 758-455-6300

Belize

Competition Agency: Belize is currently in the process of establishing its national competition authority. The Ministry of Trade is at present preparing the necessary documentation for the country's Cabinet that will allow them to obtain funds under the 10th EDF in this regard.
Competition Legislation: A Fair Competition Bill has been drafted.
Contact person: Directorate for Foreign Trade
Sir Edney Cain Building
Belmopan City
Belize
Telephone: (501) 822-3263

Barbados

Competition Authority:

The Barbados Fair Trading Commission was established by means of the Fair Trading Commission Act on January 2nd, 2001.
The BFTC evolved from its predecessor the Public Utilities Board which was responsible for regulating public utilities such as electricity and telephone services, from 1955 until 2001.

Competition Legislation: The Fair Competition Act CAP. 326C
The Utilities Regulation Act CAP. 282
Telecommunications Act, CAP. 282B
Utility Regulation Act Procedural Rules
Contact person: Peggy Griffith
Chief Executive Officer
Fair Trading Commission, Barbados
Good Hope, Green Hill
St. Michael
BB12003
Barbados
Telephone: 1-246-4240260

The Bahamas

Competition Authority: The Bahamas has in place what is considered as a sector regulator. The Utilities Regulation and Competition Authority (URCA) was created to serve as the primary governing body of the new regulatory regime for electronic communications in The Bahamas.
Competition Legislation: The Utilities Regulation and Competition Authority Act (2009)
Contact person: Kathleen Riviere-Smith
Chief Executive Officer
Utilities Regulation and Competition Authority
UBS Annex Building
East Bay Street
P.O Box N 4860
Nassau, Bahamas
Telephone: 242 393-0234

Antigua and Barbada

Competition Agency: The Organication of Eastern Caribbean States (OECS) have agreed to establish a supra-national competition agency to handle competition matters within its single market.
Competition Legislation: The draft OECS Competition Bill has been submitted to the Ministry of Legal Affairs for feedback.
Contact person: OECS Secretariat
Morne Fortune
P.O. Box 179
Castries
Saint Lucia
Telephone: 758-455-6300

CARICOM Competition Commission

Competition Authority: The CARICOM Competition Commission (CCC) was established by Chapter VIII of the Revised Treaty of Chaguaramas.
The CCC was inagurated in 18 January, 2008 and is headquartered in Paramaribo, Suriname.
Competition Legislation: Chapter VIII of the Revised Treaty of Chaguaramas covers the Community Competition Policy.
Contact person: Bertha Isidore
Executive Director (Ag.)
Hendrikstraat #69
Paramaribo
Suriname
Telephone: (597) 491447