Guernsey competition regulation

Guernsey's new competition law isn't just a matter for big businesses, an audience representing all aspects of Guernsey commerce was told at a recent seminar held by Collas Crill.

Collas Crill senior associate Wayne Atkinson, a member of the firm's competition team, emphasised that due to the smaller nature of the Guernsey market, competition law could apply to a number of smaller local businesses in a way that might not be expected in the UK or European Union.

Visiting speaker Ben Rayment, of competition law specialists Monckton Chambers, explained that the rules against abusing a dominant position and making anti-competitive agreements weren't just applicable to major international corporations but could apply to surprisingly small businesses.

Mr Rayment listed a number of situations in which businesses in small markets, such as local newspapers, bus routes and even a crematorium were found to have restricted competition in certain cases. He pointed out that well-meaning trade associations had, in his experience, often unwittingly condoned or acted as vehicles for illegal anti-competitive practices.

Channel Islands Competition and Regulatory Authorities deputy chief executive Michael Byrne explained that, from his perspective, the regulator saw the competition laws as a framework for assessing the marketplace for weaknesses. CICRA's intention and role was to help benefit the public by ensuring the marketplace was truly competitive, he said.

Mr Byrne emphasised that he saw the role of CICRA as helping business to comply with the new legislation. As an example, the regulator was already liaising with schools and uniform suppliers to ensure parents were not unduly restricted when shopping for uniforms. Mr Byrne said he believed investigations by the regulator were likely to focus more on matters directly affecting the public than on mergers between major international institutions with a Guernsey presence.

Seminar chairman and Collas Crill partner Ian Kirk added that it was clearly extremely important that all local businesses understood that the implications of Guernsey's competition law, particularly in relation to anti-competitive behaviours.

The seminar was held at Duke of Richmond on Tuesday 13 November. The Collas Crill seminar series continues with the following events:

20 NOVEMBER: BEST OF BREED? GUERNSEY'S FOUNDATIONS LAW

Guernsey was the first of the Crown Dependencies to look at introducing foundations law but will be the last to actually do so. Has Guernsey missed the boat or taken lessons from other jurisdictions and given us the best of breed?

SPEAKERS:

Angela Calnan - Senior Associate in Collas Crill's Fiduciary Department

Rose Chamberlayne - Partner in LG's Private Capital Group specialising in wealth structuring for UHNW international families. Rose recently spearheaded the campaign to introduce the Bahamian Executive Entity and also has a special interest in the use of foundations.

David Dorgan - Senior Associate in Collas Crill's Jersey Fiduciary team, who has considerable experience in drafting and advising on Jersey foundations.

Edward Stone - Consultant at Collas Crill. Ed has considerable international experience in wealth structuring for internationally mobile clients.

29 NOVEMBER: PROTECTING IMAGES AND THE CULT OF CELEBRITY - GUERNSEY IMAGE RIGHTS

The cult of the celebrity has risen inextricably and with it their ability to generate wealth through their images. The traditional celebrity was controlled by the corporations to which they were contracted but now the individual is able to take control of their affairs - and image rights and other intellectual property have become ever more valuable. As a response to this, Guernsey is launching the world's first registrable image right in December this year.

At this seminar, speakers from our IP team will be joined by Freddie Huxtable of RSM Tenon and Fraser Reid of Couchmans LLP, who will present real world examples of how image rights have been used to date and how the new Guernsey legislation will provide benefits in the future.

SPEAKERS:

Jason Romer - Partner at Collas Crill and Guernsey image rights expert. Jason will discuss the background to the legislation and how it can be used to effectively manage and structure these new rights.

Fraser Reid - Partner at Couchmans LLP Freddie Huxtable - Private Client & International Tax Director at RSM Tenon

David Evans - Director at Collas Crill IP. David will discuss the requirements for registration and the benefits over traditional forms of IP.

Details for all seminars:
Registration from 4 pm
Speakers start 4.30pm sharp
Close by 6pm
Location - Somerset Suite, Duke of Richmond Hotel
Cost - £25 per seminar

To reserve your place (or make a group booking), please email events@collascrill.com.