New entity to replace CAC, FTC
Senate begins debate on Jamaica Consumer and Competition Authority
A new entity — the Jamaica Consumer and Competition Authority — is coming to replace the Consumer Affairs Commission (CAC) and the Fair Trading Commission (FTC).
Minister of Industry, Investment and Commerce Senator Aubyn Hill opened the debate on the Jamaica Consumer and Competition Authority Act, 2026, in the Senate last Friday.
In his overview of the Bill, Hill explained that the impending merger of the two entities forms part of the public sector rationalisation process. He noted that the Government mandated the merger of the FTC and CAC into a new entity in accordance with Cabinet Decision No 20/18, dated June 4, 2018.
“The move will see the establishment of one dedicated entity protecting the rights of consumers and treating with competition matters in Jamaica,” said Hill.
He cited that the FTC currently handles both competition policy and consumer protection issues, while the CAC currently has oversight and enforcement of consumer protection matters.
“The merging of the FTC and CAC is a part of the Government’s programme to transform the public sector, which emphasises combining entities that have similar functions to achieve more effective service delivery. Having a single entity that handles competition enforcement and consumer protection matters is common throughout the world and has existed for many years,” said Hill.
Once the merger is effected, the two existing entities will be dissolved. Their functions would then be vested in the newly established authority, which will be the responsible entity mandated to administer and enforce both the FTC and CAC Acts.
According to the Bill, the authority shall: administer and enforce the provisions of the CAC and FTC Acts; carry out investigations or inquiries on its own initiative or at the request of a person adversely affected, in connection with any alleged breach by a supplier under this Act, or a relevant Act; seek to resolve disagreements between a complainant and a supplier; promote awareness of consumer welfare and principles of fair competition through the creation of educational programmes and publications; make available general information to persons engaged in business and to consumers about their rights and obligations under this Act, or a relevant Act.
The authority will also be empowered to investigate any alleged or suspected breach of any provision of a relevant Act; any complaint of any action alleged to be taken by a supplier which adversely affects a consumer; any complaint or alleged action which contravenes a provision of a relevant Act; and on its own initiative, or at the request of a person adversely affected, any abuse of dominant position by any enterprise pursuant to the Fair Competition Act.
The authority will have a board of directors made up of no more than 11 and not fewer than nine people and will appoint a chief executive officer. Parties aggrieved by the finding of authority may appeal to the Supreme Court within a reasonable time after the date of that finding.
Meanwhile, offences listed in the Bill include where: A person who has been served with a summons to give evidence pursuant to Section 10 and fails to do so without reasonable excuse; a person appearing before the authority or the tribunal as a witness, refuses to answer a question posed by the presiding member of the proceedings without reasonable excuse; a person appearing before the authority or tribunal as a witness knowingly gives false or misleading evidence; a person who has been summoned to appear before the authority or the tribunal and leaves the authority or tribunal without permission; a person who, during an investigation, wilfully obstructs or interrupts the proceedings of the authority; a person who wilfully obstructs or interrupts the proceedings of the tribunal; a person fails to comply with an order of the tribunal.