The Fair Trading Act 2023 (
the"FTA23") will be commenced on 1st
October 2023.
The FTA23 introduces a series of important changes to
Gibraltar's business licensing regime. The FTA23 establishes
the continuation of the Office of Fair Trading ("OFT")
and strengthens its investigatory and enforcement powers; makes
provisions for the protection of consumer interests (including the
prevention of anti-competitive practises) and for the making and
investigation of complaints; encourages good business practices
towards consumers; and makes provisions for the licensing of
businesses, previously the remit of the Business Licensing
Authority (the "BLA").
One of the most significant changes in the FTA23 is the
introduction of the Decision Making Committee (the
"DMC"), which shall replace the BLA. The
DMC will exercise, on behalf of the OFT, the OFT's powers in
respect of a specified decision (imposing an administrative penalty
or award of compensation, revoking, suspending,