The Channel Islands competition regulator, CICRA, says it won’t appeal against a Royal Court decision which decided they were wrong to accuse ATF Fuels of abusing its dominant position in the aviation fuel market.
In March 2016, CICRA found ATF Fuels contravened the Competition (Jersey) Law 2005 by refusing to allow Aviation Beauport to purchase fuel from ATF for the purpose of supplying their customers at Jersey Airport.
But on 6 January this year, the Royal Court took a different view.
That led ATF Fuels to call on the government to review the role of the regulator.
In a statement, CICRA said: “After giving the judgment serious consideration and reviewing the legal risks, CICRA has decided not to appeal the Royal Court decision. While there are important aspects of the judgment that merit an appeal, the legal costs (ultimately paid by the taxpayer) pose too high a risk should the appeal be unsuccessful. CICRA has therefore decided not to take the case further to the appeal court.”
Additional, the regulator has confirmed it will now work with government to look at the scope of the competition law to ensure it can better protect businesses in future.
