Trinidad Cement Ltd Claimant v The Competition Commission Defendant

CourtCaribbean Court of Justice
Docket NumberCCJ Application No OA 1 of 2012
Judgment Date12 Nov 2012
JurisdictionCaribbean States
Neutral Citation[2012] CCJ 4 OJ

[2012] CCJ 4 (OJ Summary)

IN THE CARIBBEAN COURT OF JUSTICE

CCJ Application No OA 1 of 2012

Between
Trinidad Cement Limited
Claimant
and
The Competition Commission
Defendant
Digest
EXECUTIVE SUMMARY

Without notifying Trinidad Cement Limited (“TCL”), the Investigating Panel of the CARICOM Competition Commission (the “Commission”) initiated and conducted an investigation into alleged anti-competitive business conduct by TCL. Following the investigation, the Executive Director of the Commission instructed TCL to appear at an Enquiry so that the Commission's Adjudicating Panel could decide upon the matters raised by the investigation.

This prompted TCL to immediately file an application before the CCJ, claiming that the decisions both to conduct the investigation and to hold the Enquiry were void. TCL alleged that the Commission had acted wrongly in two main regards: (a) There had been no proper request for the investigation; and (b) The Commission had failed to respect the rights of TCL as an “interested party” within the meaning of Article 175(6)(a) of the Revised Treaty of Chaguaramas (the “Revised Treaty”). The Commission rejected these allegations. It also objected to the Court's jurisdiction to hear this matter, contending that it was not a proper party to these proceedings in that it did not have full juridical personality under the Revised Treaty, and further, that this Court lacked jurisdiction generally, or in any event at this stage, to review actions of the Commission in relation to the initiation and conduct of the investigation.

The Court first addressed the Commission's claim that it was not a party to the proceedings because the Treaty did not confer on it full juridical personality. The CCJ dismissed this contention, emphasizing that Article 174 of the Revised Treaty confers upon the Commission extensive powers in suppressing anti-competitive business conduct, and that Articles 175 and 180 allow the Commission to initiate legal proceedings before the CCJ in its own name in furtherance of those functions and powers conferred by Article 174. Further, the Court recalled that Article 175 also allows parties aggrieved by Commission decisions to initiate proceedings before the Court. The Court also pointed to the Agreement between the Government of Suriname and the Community Establishing the Seat of the Commission, and noted that Article II specifically states that the Commission “shall have full juridical personality” and full capacity to...

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4 cases
  • Shanique Myrie v State of Barbados [Caribbean Court of Justice]
    • Jamaica
    • Supreme Court
    • 4 October 2013
    ...to be required; (b) any such decision as is specified in the First Schedule. 1 See Trinidad Cement Limited v The Competition Commission [2012] CCJ 4 (OJ), (2012) 81 WIR 247 [8] refining the views expressed in Hummingbird Rice Mills v Suriname and The Caribbean Community [2012] CCJ 1 (OJ), ......
  • Shanique Myrie Claimant v The State of Barbados Defendant Jamaica Intervener
    • Caribbean Community
    • Caribbean Court of Justice
    • 4 October 2013
    ...to be required; (b) any such decision as is specified in the First Schedule. 1 See Trinidad Cement Limited v The Competition Commission [2012] CCJ 4 (OJ), (2012) 81 WIR 247 [8] refining the views expressed in Hummingbird Rice Mills v Suriname and The Caribbean Community [2012] CCJ 1 (OJ), ......
  • Rudisa Beverages & Juices N.v Caribbean International Distributors Inc. Claimants v The State of Guyana Defendant
    • Caribbean Community
    • Caribbean Court of Justice
    • 8 May 2014
    ...effect on goods. 1 See: section 7A of the Customs Act of Guyana Chap 82:01. 2 Trinidad Cement Limited v The Competition Commission [2012] CCJ 4 (OJ), (2012) 81 WIR 247 at [8], Hummingbird Rice Mills v Suriname and The Caribbean Community [2012] CCJ 1 (OJ), (2012) 79 WIR 448 at [12]; Trini......
  • Rudisa Beverages & Juices N.v and Caribbean International Distributors Inc. v The State of Guyana
    • Caribbean Community
    • Caribbean Court of Justice
    • 8 May 2014
    ...revoke and remove section 7 A of the Customs Act — Coercive order — Consideration of Trinidad Cement Limited v The Caribbean Community [2012] CCJ 4 (OJ) — Test to be met in order to justify an award of compensatory damages for breach of the RTC — Consideration of Trinidad Cement Limited and......