The Guernsey Court of Appeal has backed the Guernsey Competition and Regulatory Authority in its long-running competition case involving JT and Sure.
The Court of Appeal found that the Royal Court was wrong to set aside the Guernsey Competition and Regulatory Authority’s (GCRA) decision on the basis that the operators had not received a fair hearing. The judges found that JT and Sure had been given a fair hearing by the GCRA and sent the case back to the Royal Court to consider the substantive issues.
The case concerns conduct between Sure and JT, which the GCRA said included the secret exchange of commercially sensitive information and coordination prohibited under competition law.
The GCRA said it considered this conduct to be a breach of competition law and that it had the potential to weaken competition in a market that is essential to islanders, businesses and Guernsey’s long-term digital and economic future.
The Authority said the case raises important questions about the application of Guernsey’s competition law and the standards expected of businesses operating in the Bailiwick.
John Curran (pictured), Chairman of the GCRA, said: “This decision by the Court of Appeal is important because it underlines that the GCRA has followed best practice and conducted its investigation into this matter correctly, ensuring both parties were given the opportunity to defend their actions.”
He added: “Competition law exists to protect consumers, promote innovation, and ensure markets operate fairly. The GCRA is committed to ensuring that Guernsey consumers and the States of Guernsey receive a fair deal. Legal action is always a measure of last resort, but where we believe competition and consumers are at risk, we have a responsibility to act.”
