Competition (Vertical Arrangements Block Exemption) (Jersey) Order 2023

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 4 April 2023:

Decision Reference: MD-ETS-2023-182		Public
Subject: Competition (Vertical Arrangements Block Exemption) (Jersey) Order 2023
Report Title: Competition (Vertical Arrangements Block Exemption) (Jersey) Order 2023		Exempt (Article 35)
Decision(s): The Minister for Economic Development, Tourism, Sport and Culture made the Competition (Vertical Arrangements Block Exemption) (Jersey) Order 2023 (the “Order”) under Article 10(1) of the Competition (Jersey) Law 2005 (the “Law”), after consulting the Jersey Competition Regulatory Authority (“JCRA”) and requested that it be laid before the States Assembly.
Reason for Decision(s): The Order exempts certain ‘vertical arrangements’ from the prohibition on anti-competitive arrangements in Article 8(1) of the Law. Vertical business arrangements can be beneficial to consumers and generally do not give rise to significant competition concerns unless one or more of the parties has some degree of market power or the arrangement forms part of a network of similar arrangements. By providing an exemption for essentially benign vertical arrangements, which meet the specified conditions, the Order creates legal certainty and simplifies procedures for businesses. It also helps to ensure that the JCRA can focus its limited resources on those areas where it can deliver the most benefit. The Order comes into force 7 days after it is made and expires on 1 June 2028.
Resource Implications: None
Action Required: Officers to request the Greffier of the States to arrange for the item(s) to be presented to the States Assembly.
Signature:	Signed By: Minister for Economic Development, Tourism, Sport and Culture
Date Signed:	Date of Decision (If different from Date Signed):