1. Short Title

This Act may be cited as the Fair Competition Act -

2. Interpretation (Amended, 2001)

(1) In this Act, unless the context otherwise requires -

"acquire"-

(a) in relation to goods, includes obtain by way of gift, purchase of exchange, and by way of lease, hire or hire purchase;

(b) in relation to services, includes accept.

"advertisement" means any form of communication made to the public or a section of the public for the purpose of promoting the supply of goods or services;

"agreement" includes any agreement, arrangement or understanding whether oral or in writing or whether or not it is or is intended to be legally enforceable;

"authorized officer" means any officer of the Commission authorized by the Commission to assist it in the performance of its functions under this Act;

"business" means any activity that is carried on for gain or reward or in the course of which goods or services are manufactured, produced or supplied, including the export of goods from Jamaica;

"Commission" means the Fair Trading Commission established under section 4;

"consumer" means any person who is either-

(a) a person to whom goods are or are intended to be supplied in the course of a business carried on by the supplier or potential supplier;

(b) a person for whom services are supplied in the course of a business carried on by the supplier or potential supplier;

and who does not seek to receive the goods or services in the course of a business carried on by him;

"Court" means the Supreme Court;

"dealer" means a person carrying on a business of supplying goods, whether by wholesale of retail;

"employee" means a person who works under a contract of employment;

"enterprise" means any person who carries on business in Jamaica but does not include a person who-

(a) works under a contract of employment; or

(b) holds office as director or secretary of a company and in either case is acting in that capacity;

"functions" includes powers and duties;

"goods" means all kinds of property other than real property, money, securities or choses in action;

"group", where the reference is to a group of persons fulfilling specified conditions (other than the condition of being interconnected companies), means any two or more persons fulfilling those conditions, whether or not, apart from fulfilling them they would be regarded as constituting a group;

"group of interconnected companies" means a group consisting of two or more companies all of which are interconnected with each other;

"interconnected company" shall be construed in accordance with subsection (2)(a);

"price" includes any charge or fee, by whatever name called;

"service" means a service of any description whether industrial, trade, professional or otherwise;

"supply"-

(a) in relation to goods, includes supply or resupply by way of gift, sale, exchange, lease, hire or hire purchase;

(b) in relation to services, does not include the rendering of any services, under a contract of employment but includes-

(i) the performance of engagements, for gain or reward (including professional engagements) for any matter; and

(ii) the rendering of services to order, and the provision of services by making them available to potential users,

and "supplier" shall be construed accordingly;

"trade" means any trade, business, industry, profession or occupation, relating to the supply or acquisition of goods or services.

(2) For the purposes of this Act-

(a) any two companies are to be treated as interconnected companies if one of them is a company of which the other is a subsidiary of if both of them are subsidiaries of the same company;

(b) a group of interconnected companies shall be treated as a single enterprise

(3) Every reference in this Act to the term "market" is a reference to a market in Jamaica for goods or services as well as other goods or services that, as a matter of fact and commercial common sense, are substitutable for them.

(4) References in this Act to the lessening of competition shall, unless the context otherwise requires, include references to hindering or preventing competition.

(5) For the purpose of this Act, the effect on competition in a market shall be determined by reference to all factors that affect competition in that market, including competition from goods or services supplied or likely to be supplied by persons not resident or carrying on business in Jamaica.

3. Application of Act

Nothing in this Act shall apply to-

(a) combinations or activities of employees for their own reasonable protection as employees;

(b) arrangements for collective bargaining on behalf of employers and employees for the purpose of fixing terms and conditions of employment;

(c) the entering into of an agreement in so far as it contains a provision relating to the use, licence or assignment of rights under or existing by virtue of any copyright, patent or trade mark;

(d) the entering into or carrying out of such an agreement or the engagement in such business practice, as is authorized by the Commissioner under Part V.

(e) any act done to give effect to a provision of an arrangement referred to in paragraph (c);

(f) activities expressly approved or required under any treaty or agreement to which Jamaica is a party;

(g) activities of professional associations designed to develop or enforce professional standards of competence reasonably necessary for the protection of the public;

(h) such other business or activity declared by the Minister by order subject to affirmative resolution.