GCRA - Half Year Report 2023

HALF-YEAR REPORT
FOR 2023
Supporting and maintaining
well-functioning markets
Keeping the operation of markets and regulated companies under
review to identify and address new forms of detriment and issues for
potential action, and thereby to promote trust in markets.
The GCRA believes that trust in markets us supported when: the rules are applied equally
and impartially, consumer perception of value and choice is positive, and the regulatory
framework is transparent, proportionate, and adaptable.
Competition law investigation in medical sector
The GCRA took a stance against excessive post-employment non-compete restrictions to
foster entrepreneurship, worker empowerment, and economic growth. This was initiated
by a complaint about a five year restriction being enforced by the Medical Specialist Group.
The concern was based on the need for innovation and free movement of talent, where
unfair restrictions hinder the growth of businesses and the economy in Guernsey. While
non-compete clauses can protect intellectual property, they are often used excessively to
prevent employees from working with competitors or starting their own businesses. GCRA’s
stance has already led to positive developments in local healthcare, such as First Contact
Health’s improved accessibility as well as changes to practices at the Princess Elisabeth
Hospital such as acceptance of MRIs scans from other specialists than the MSG.
Competition law investigation in
mobile market
This investigation concluded in 2021
with a finding of a contravention under
the competition law with a financial
penalty being issued in July 2022. The
contravention decision was appealed to
the Royal Court and the appeal was heard
in November 2023. The appeal against
the financial penalty was stayed, pending
the outcome the appeal against the
contravention decision.
The GCRA believes
that trust in markets
is supported when:
the rules are applied
equally and impartially,
consumer perception
of value and choice
is positive, and the
regulatory framework
is transparent,
proportionate,
and adaptable.
The Authority has sought to promote fair competition, consumer protection, and economic
growth, allowing businesses to attract talent without unnecessary barriers, thereby
contributing to a more vibrant economy in Guernsey. The matter went to the Royal Court
where the GCRA’s decision to prevent the effect of five year restrictions was not appealed
against, but the Royal Court remitted the decision back to the GCRA to redo the decision to
prohibit its two year restrictions based on the guidance given by the Court.
6 | GUERNSEY COMPETITION & REGULATORY AUTHORITY GCRA | 7