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Supreme Ventures Limited and Prime Sports (Jamaica) Limited v Fair Trading Commission

Court: 
Court of Appeal
Subject: 
Competition law, Natural justice, Procedural fairness
Catchwords: 

Competition law-Appeal from findings of the Fair Trading Commission-Preliminary point-Whether appeal lies to the Court of Appeal from decision of judge in chambers in Supreme Court in relation to findings of Fair Trading Commission-Whether decision of judge in chambers is final-Fair Competition Act, section 49-Judicature (Appellate Jurisdiction) Act, sections 10 and 11

Natural justice-Investigation by Fair Trading Commission-Failure to explicitly notify appellants that they were the subject of the investigation-Failure to disclose the full scope of the investigation-Final Report prepared and issued-Whether appellants had a right to be heard

Procedural fairness-Whether appellants had a right to be heard-Legitimate expectation-Whether a single prior investigation by the Fair Trading Commission is sufficient to establish a legitimate expectation that future investigations will be conducted in the same manner

Challenge to final report-Whether learned judge property engaged with the appellants' evidence-Whether the final report was consistent with the evidence and the Fair Competition Act

Document Type:

Year: 
2026
Suit/Claim number: 
COA2023CV00047
Neutral Citation: 
[2026] JMCA Civ 32
Judge(s): 
F Williams and Laing