PARAMARIBO, Suriname — The Caribbean Community (CARICOM) Competition Commission has concluded that the agreement by Cable and Wireless Communications Plc (CWC) to acquire Columbus International Inc. (Columbus) has the potential to prejudice trade and prevent, restrict or distort competition within the CARICOM Single market and Economy (CSME), with the possibility of cross-border effects.
Accordingly, the Commission has written to the national competition authorities (NCAs) of member states pursuant to Article 176.1 of the Revised Treaty of Chaguaramas (RTC) to “request the national competition authority to undertake a preliminary examination of the business conduct of the enterprise.”
Article 176.2 of the RTC, states: “Where a request is received according to paragraph 1, the national competition authority shall examine the matter and report its findings to the Commission within such time as may be determined by the Commission.”
The Commission has requested the NCAs complete the preliminary examination within 30 days from the date of receipt of the written request.
The Commission has written pursuant to Article 173.2(e) of the RTC to other competent authorities in the member states, namely the national telecommunications regulators or ministries with responsibility for telecommunications to request a preliminary examination of the potential impact of the agreement between CWC and Columbus on national telecommunication markets. The Commission has requested their preliminary examinations be completed within 30 days from the date of receipt of the written request from the Commission.
The Commission invites stakeholders and consumers in the region to share their views with the National Competition Authorities, national telecommunications regulators or ministries with responsibilities for telecommunications, in order to facilitate the preliminary examinations. Stakeholders or consumers may also contact the Commission via its website http://www.caricomcompetitioncommission.com/en/contact to provide their views.
The Commission said it remains cognizant of the key objectives of Article 169. As such, the Commission is a strong advocate of efficiency and rivalry among firms in national and regional markets in the CSME, and advocates that the benefits to be derived must be shared among all stakeholders in an equitable manner.
The Commission added that it remains committed to a fair and transparent process in the determination of all regulatory matters where the interests of member states, business and consumers must be considered.
