Axiom Stone acted for the Fair Trading Commission of Jamaica on its successful appeal to the Judicial Committee of the Privy Council in a dispute with Digicel Jamaica Ltd. Judgment was given on 24 August 2017.
Prior to 2000 there was only one provider of telecommunications services in Jamaica but the Telecommunications Act of that year provided for the liberalisation of the market. As a result there were then three licenced providers. One of these providers was Digicel Jamaica Ltd who entered into an agreement to acquire the entire issued share capital of one of the other providers.
A dispute arose on whether the FTC had jurisdiction to intervene in the telecommunications market and whether the Fair Competition Act applied to mergers particularly in circumstances where the agreement had been consented to by the Prime Minister. The Court of Appeal of Jamaica had found in favour of Digicel but the Judicial Committee of the Privy Council set aside that decision finding the FTC did have jurisdiction and can intervene in such an agreement.
The Judicial Committee of the Privy Council sits in London as the final court of appeal for various Commonwealth and former Commonwealth countries, Crown Dependencies and Overseas Territories of the United Kingdom.