CIC receives encouragement from Jamaican Attorney
By Joy Mills-Ward
Reporter-SKNVibes.com
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Jamaician Attorney, Ms. Barbara Lee
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Basseterre, St. Kitts: The St Kitts & Nevis Chamber of Industry and Commerce (CIC) had its pre-Christmas Luncheon at Marshall’s yesterday, 10th December, 2007 with specially invited guest speaker Ms Barbara Lee, a Jamaican Attorney, and the present Executive Director of the Jamaican Fair Trading Commission.
Ms Lee was introduced by Lawyer Emile Ferdinand, who gave a brief background of Lee’s achievements and her qualifications. Ferdinand and Lee attended university together.
Ms Lee spoke to the Chamber members on the topic: Formation of OECS Fair Trade Commission and tried to highlight its benefits to the private sector and the consumer in her discourse.
Some of the steps that were necessary for Competition Law to achieve competition were to “Privatise Government entities”, “Reduce tariffs”, “Removal of price control” and with these steps in place consumers would gain because their range of choice would be increased, she noted.
Governments would have to remove themselves from the position of “commanding heights of economy”, realising that “Freedom” does not mean “free for all” but that rules would need to be put in place to monitor and control how private enterprise would act in the market.
~~Adz:Right~~ Ms. Lee stressed that for Fair Trade Commissions to work there must be “Prohibition against Horizontal Agreement” or Collusion. Collusion is a cartel-like behaviour, and cartels, she said, operate to make a profit. Other methods used to continue to manipulate the market that she mentioned were “artificially segmenting the market, limiting or restricting supply, price fixing or price setting.
The last two methods, she noted, would force prices up and keep certain persons in the market. In terms of the Sale of Goods Act and how the OECS Fair Trading Commission would impact it, Ms Lee felt that some principles of the Sales of Goods Act would still need to be applied in making determinations concerning Competition offenses. The Consumer she said was an ally to the Competition Offense Agency, and that in countries where there is Consumer Affairs commission the Competition Offense Agency needs to work in a sort of synergy.
In identifying possible pitfalls of the structure of the Jamaican Fair Trade Commission, Ms Barbara Lee said that the legislation did not speak of staff and this in itself was a challenge. Her opinion was that in addressing the same issue that perhaps the OECS Regional Competition Agency would have to have 2 clear and separate bodies; 1 or 2 representatives in each member state on the ground to identify problems then bring them to the attention of the Regional Commission which would act as a sort of board of directors for consideration and ruling. She also identified a need for having trained personnel to be on the OECS Fair Trade Commission or act on its behalf, in order for this new way of doing business to be effective and fair, and because this was a new area of law.
In her closing sentiments she said “all truths go through 3 stages:-1- ridicule, 2- violent rejection and 3- acceptance (even if reluctantly)”. The role of the Private Sector she said would be to break ranks, the “old boys clubs/mature ladies clubs” could no longer exist. The code of silence needs to be broken, competition is coming and its here to stay. “The Competition commission seeks to protect competition not firm or a person”
