Supreme Ventures appeals FTC's finding of 'abusive conduct'

Gaming company Supreme Ventures Limited and its subsidiary Prime Sports (Jamaica) Limited have taken the Fair Trading Commission (FTC) to court because they are aggrieved by a report this year that Supreme Ventures was engaged in 'abusive conduct'. 

FTC's report said Supreme Ventures “being dominant in the market for lotteries in Jamaica, is engaged in abusive conduct which restricts the expansion of competitors in a manner that has or is having the effect of lessening competition substantially in the market", according to court documents. ]

The companies want the Supreme Court to set aside the findings.   

The court is also being asked to declare that the conduct of the appellants the subject of the final report is not likely to and does not breach sections 19  to 21 of the Fair Competition Act.

The FTC is due to respond to the claim that was filed on March 7. 

A case management conference is scheduled for next month in chambers in the Supreme Court.

The FTC is the government body responsible for implementing the Fair Competition Act and is tasked with investigating  the conduct of businesses in Jamaica. 

But the companies are contending that conclusions in the FTC report were contrary to the evidence or the Act.

The say they had a legitimate expectation that if the FTC was investigating them, it would allow them an opportunity to be heard before it arrived at a decision.

They also outline that section 49 of the Fair Competition Act states that any person who is aggrieved by a finding of the FTC may appeal to a judge in chambers.

Prime Sports is a licensed operator of lotteries in Jamaica by the Betting Gaming & Lotteries Commission.

A draft report on Supreme Ventures was posted on the FTC's website on February 14 and removed two days later. 

The commission said the document was "inadvertently uploaded" and that the publication was "premature as it had yet to be approved by the commission". 

The FTC said the document should not be taken as the final report, noted a statement from the FTC's Executive Director, David Miller. 

In their claim form, Supreme Ventures Prime Sports said the FTC issued a report with the word 'final' in the title on February 18. It said the document is dated February 17. 

Queen's Counsel Michael Hylton from the law firm Hylton Powell is representing the gaming companies. .

Attorney-at-law Emile Leiba of the law firm DunnCox is representing the FTC.

He said today that a defence will be filed very soon in the matter.

- Barbara Gayle.

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