The CARICOM Competition Commission (the
Commission) was established under Article 171 of the
Revised Treaty of Chaguaramas; and was inaugurated
on January 18, 2008. It is headquartered at
Hendrikstraat # 69 in Paramaribo, Suriname.
A
seven-member team of part-time Commissioners took
the oath of Office on the said date of inauguration.
The team comprises Kusha Haraksingh PhD as Chairman;
Mr. Patterson Cheltenham Q.C; Trevor Farrell PhD;
Mr. Hans Lim A Po; Maureen Paul PhD; Barton Scotland
PhD and Ambassador A.B. Stewart Stephenson.
Appointments were made by the Regional Judicial and
Legal Services Commission, (RJLSC).
The Chairman was
appointed by the RJLSC. Article 172 of Chapter VIII
of the Revised Treaty of Chaguaramas, requires,
inter alia, that collectively, the members of the
Commission possess expertise or experience in
commerce, finance, economics, law, Competition
Policy and practice, international trade and such
other areas of expertise or experience as may be
necessary. Commissioners are appointed for a term of
five years, renewable for a further period of not
more than five years, as shall be determined by the
RJLSC.
FUNCTIONS
The following are among the main
functions to be performed by the Commission:
- to
apply the rules of competition in respect of
anti-competitive cross-border business conduct
- to
promote and protect competition in the Community
-
to monitor anti-competitive practices of enterprises
operating in the CSME
- to investigate and arbitrate
cross-border disputes
- to keep the Community
Competition Policy under review and advise and make
recommendations to COTED to enhance its
effectiveness
- to provide support to Member States
in promoting and protecting consumer welfare
- to
develop and disseminate information about
Competition Policy and Consumer Protection Policy
POWERS
To facilitate the effective execution of
its functions, the Commission is empowered to, among
other things:
- secure the attendance of any person
before it to give evidence
- require the discovery
or production of documents - order the termination
or nullification of prohibited agreements, conduct,
activities or decisions
- issue Cease and Desist
orders in respect of anti-competitive business
conduct
- order payment of compensation to persons
affected by anti-competitive business conduct
-
impose fines for breaches of the rules of
competition
It is important to note that by virtue of Article
174 (6) Member States are required to enact
legislation to ensure that determinations of the
Commission are enforceable in their jurisdictions.
FINANCING
The Commission’s recurrent expenditures
are to be met primarily from Member States’
contributions. Start-up funding was provided by the
European Commission under the Ninth European
Development Fund (9th EDF).
CONTACT NUMBERS
The Commission may be reached by
telephone at (597) 531818; (597) 491455; (597)
491439 and by facsimile transmission at (597)
530639.