JAMAICA Law and Practice Contributed by: Peter Goldson, Gina Phillipps Black, Hilary Reid and Simone Bowie Jones, Myers, Fletcher & Gordon
2.3 Restrictions on Foreign Investments In general, there are no restrictions on for - eign investments in Jamaica and generally no requirements for companies to be owned by Jamaicans, except for certain regulated sectors, where a particular licence can only be held by a company owned or controlled by a Jamaican or other Caricom national. 2.4 Antitrust Regulations In Jamaica, the primary legislation that regulates antitrust and/or anti-competitive behaviour and which would be applicable to business combina - tions is the FCA. The FTC is the regulator estab - lished by the FCA and among its powers is the power to review mergers and other similar trans - actions to ensure that they do not substantially lessen competition or have or are likely to have the effect of substantially lessening competition for goods and services in Jamaica. The FCA also sets out provisions in relation the abuse of dominance, exclusive dealing, market restric - tion, price fixing and misleading advertising. The FTC has issued Guidelines to Reviewing Mergers, Acquisitions and Joint Ventures aimed at explaining how the FTC enforces the control of uncompetitive practice provisions of the FCA and provides insights into how the FTC assess - es the legality of mergers, acquisitions and joint ventures. 2.5 Labour Law Regulations The pieces of labour law legislation that acquir - ers should primarily be concerned with include: • The Employment (Termination and Redun - dancy) Payments Act and Regulations Labour
• Occupational Safety and Health Bill (pending enactment, draft in circulation); • Maternity Leave Act; • Sexual Harassment (Protection and Preven - tion) Act; • Protected Disclosures Act (the Whistle Blower Act); and • Foreign Nationals and Commonwealth Citi - zens (Employment) Act. 2.6 National Security Review The authors are not aware of any national secu - rity review of acquisitions in Jamaica. 3. Recent Legal Developments 3.1 Significant Court Decisions or Legal Developments There has not been a significant court decision in Jamaica in the past three years relating to M&A. On the other hand, the FTC in 2024 continued to be active in conducting various assessments/ investigations of M&A deals, existing agree - ments and operations in various markets. While in 2024, it was reported in local media that by 2026, the FTC hoped that all companies pro - posing to merge would be required to give a pre-merger notification and that the FTC would have the power to approve or object to proposed M&As before the transaction takes place, no amendments to the FCA have been made that would give effect to this. 3.2 Significant Changes to Takeover Law In the past, it was reported that the FTC was in the process of creating a formal merger review framework which would involve the merger of the FTC with the Consumer Protection Commis - sion. No draft guidelines have been made public.
Relations & Industrial Disputes Act; • Holidays with Pay Act and Orders; • Minimum Wage Act; • Factories Act;
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