Treatment of Monopolies

(1) Notwithstanding any provision to the contrary in this Act, the Competent Minister may determine that the public interest requires the exclusion or restriction of the right of establishment in any industry or in a particular section of an industry. (2) Where a determination by the Competent Minister has been made pursuant to sub-section (1) and results in the continuation or establishment of– (a) a government monopoly, the Competent Minister shall adopt appropriate measures to ensure that the monopoly does not discriminate among nationals of Member States, save as otherwise provided in this Act, and is subject to the agreed rules of competition established for an economic enterprise of the Community; or (b) a private sector monopoly, the competent Minister shall, subject to the provisions of this Act, adopt appropriate measures to ensure that Caribbean Community 12 (Movement of Factors) national treatment is accorded to a national of another in terms of participation in its operation.