Competition Law Case [JCRA] C1117J: Review of Article 16

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A decision made 20 March 2018:

Ministerial decision reference MD-C-2018-0055
Decision summary title Review of Article 16 Competition Law case [JCRA] C1117J
Decision summary author	Director Strategic Development	Is the decision summary public or exempt?		Public
Report title: Review of the JCRA decision that ATF fuels had abused a dominant market position. Terms of Reference.
Report author or name of person giving report	Director Strategic Development	Is the report public or exempt?		Public
Decision and reason for the decision The Assistant Chief Minister approved the terms of reference for a review of the circumstances leading up to a decision by the JCRA that ATF fuels had abused a dominant market position. The Royal Court overturned a decision of the JCRA that ATF fuels had abused a dominant market position. It is now appropriate to seek an independent evaluation of the circumstances surrounding the case including whether the JCRA has discharged its legal duties appropriately and whether there are any significant deficiencies in how the competition law has operated.
Resource implications There will be a cost associated with securing expert legal advice to conduct the review. The cost will be met from within existing budgets.
Action required The Chief Minister’s Department to ask the Law Officers to secure expert legal advice to carry out a review as set out in the Terms of Reference.
Signature			Position Senator Paul Routier M.B.E. Assistant Chief Minister

Date signed			Effective date of the decision