Royal Court
(Competition) Rules 2005
1 Interpretation
“Authority” means the Jersey
Competition Regulatory Authority established by Article 2 of the Competition Regulatory Authority (Jersey) Law 2001;
“Court” means the Royal Court;
“Greffier” means the Judicial Greffier;
“Law” means the Competition (Jersey) Law 2005;
“party” means the party referred to in Rule 2(1).
2 Authority
to be notified of certain proceedings
(1) Where the Court is
considering civil proceedings in which it is contended that –
(a) contrary
to Article 8(1) of the Law, an undertaking has made an arrangement with
one or more other undertakings that has the object or effect of hindering to an
appreciable extent competition in the supply of goods or services within Jersey
or any part of Jersey;
(b) contrary
to Article 16(1) of the Law, there has been an abuse by one or more
undertakings of a dominant position in trade for any goods or services in
Jersey or in any part of Jersey;
(c) a
person has executed a merger or acquisition of a type prescribed by an Order
made under Article 20(3) of the Law; or
(d) there
has been a breach of a direction given by the Authority in accordance with
Article 36, 37, 38 or 40 of the Law,
or if the Court is considering civil proceedings brought by virtue
of the Law (other than proceedings brought by the Authority) the party
making any such contention or instituting such proceedings shall cause the
Authority to be notified in writing and furnished with a copy of the pleadings
within the time and in the manner set out in Rules 3 and 4.
(2) The party shall not be
required to notify the Authority where the Authority has been joined as a party
to the proceedings by virtue of an order made under Rule 7.
3 Time
within which Authority is to be notified
(1) If the contentions
referred to in Rule 2(1) are contained in an order of justice the party shall
cause the Authority to be notified and furnished with a copy of the order of
justice within 2 days of the date on which the Order of Justice is tabled at
the Judicial Greffe.
(2) If the contentions
referred to in Rule 2(1) are contained in an answer or other pleading the party
shall cause the Authority to be notified and furnished with a copy of the
pleadings within 2 days of the date on which the pleading is filed at the
Judicial Greffe.
4 Manner
in which Authority is to be notified
The written notification pursuant to Rule 2(1) must be served
personally on an officer of the Authority together with a copy of the order of
justice and any other pleadings that have been filed in the proceedings.
5 Filing
etc. of notification
The party as soon as practicable after notification has been given
to the Authority in accordance with Rule 4 must –
(a) file with the Greffier
a copy of the written notice and the original of the Viscount’s record of
service; and
(b) send to each of the
other parties to the proceedings a copy of the written notice and of the
Viscount’s record of service and notify the Greffier in writing of having
done so.
6 Application
to be joined as party and stay of proceedings
(1) If the Authority wishes
to be joined as a party to the proceedings, it must give notice in writing to
that effect to the Greffier not later than 21 days after it receives
notification in accordance with Rule 4 and the proceedings shall be stayed
until such notice is given or until that period has elapsed, whichever is the
shorter.
(2) However, the Authority
may at any time give notice to the Greffier that it wishes to be joined as a
party to the proceedings.
7 Joinder
of Authority as a party to the proceedings
Upon receipt of a notice pursuant to Rule 6, the Greffier shall
order that the Authority be joined as a party to the proceedings and shall give
such directions as he or she may consider appropriate for the filing of
pleadings, and Rule 6/10(3) of the Royal Court Rules 2004 shall apply.
8 Powers
of the Greffier
If it appears to the Greffier that there are proceedings before the
Court to which Rule 2(1) applies and that the Authority has not been
notified by the party required to give notice the Greffier may –
(a) order the party to
notify the Authority; or
(b) take such action as he
or she considers appropriate to notify the Authority of the proceedings,
and, once the Authority has been so notified, Rules 6 and 7 shall
apply.
9 Citation
These Rules may be cited as the Royal Court (Competition)
Rules 2005.