By John Kelleher, John McCormick, Rebecca Steens

In ATF Overseas Holdings Limited v The Jersey Competition and Regulatory Authority [2018] JRC 004, the Royal Court has for the first time considered an appeal against a finding by the Jersey Competition and Regulatory Authority (the JCRA) of abuse of a dominant position. Carey Olsen successfully acted for ATF Overseas Holdings Limited (ATF) in appealing the JCRA’s finding.

In 2016, the JCRA found that ATF had abused its dominant position in the supply of aviation fuel at Jersey Airport contrary to the Competition (Jersey) Law 2005 (the Law). It was found to have done so by refusing to supply aviation fuel to Aviation Beauport Limited (ABP) for the purpose of resale and by charging ABP prices that were allegedly higher than those paid by other customers purchasing similar volumes of fuel.