CCJ dismisses case

Tue, November 13, 2012 - 12:19 PM

PORT OF SPAIN, Trinidad – The Caribbean Court of Justice (CCJ) has dismissed a claim by regional cement manufacturer, Trinidad Cement Limited (TCL) that it had been wronged when the Investigating Panel of the Caribbean Community (CARICOM) Competition Commission initiated and conducted an investigation into alleged anti-competitive business by the Trinidad-based company.

In its judgement, the CCL, which also acts as an international tribunal interpreting the Revised Treaty of Chaguaramas that governs the CARICOM Single Market and Economy (CSME), also dismissed a motion by the Commission that the CCJ was not the competent body to adjudicate on the matter.

TCL had argued that the Commission without notifying it had initiated and conducted the investigation and later instructed the company, with operations in several other Caribbean countries including Barbados and Jamaica, to appear at an enquiry so that the Commission’s Adjudicating Panel could decide upon the matters raised by the investigation.

TCL had argued that the decisions both to conduct the investigation and to hold the enquiry were void and that the Commission had acted wrongly in two main regards. (CMC)