Organisation Summary

The Fijian Competition & Consumer Commission (FCCC) is an independent statutory body established under Section seven (7) of the FCCC Act 2010 that promotes effective competition and informed markets, encourages fair trading, protects consumers and businesses from restrictive trade practices, determines prices of regulated industries and regulates other markets where competition is limited or is likely to be lessened.

Purpose & Nature of Role

The Investigator will be accountable to the Manager Competition, Senior Competition Officer and Senior Competition Economist, as appropriate, and will contribute to the achievement of the Competition Department’s objectives under the FCCC Strategic Plan by providing specialised investigative, analytical and competition expertise. The Investigator must demonstrate strong verbal and written communication skills, with the ability to clearly articulate logically reasoned views, prepare accurate and comprehensive investigation reports, and communicate complex factual and evidentiary matters effectively. The Investigator must possess strong analytical and critical-thinking skills, sound judgement and the ability to assess information promptly, identify relevant issues, solve problems effectively by determining right remedy and progress investigations within established statutory and procedural timeframes of department.

The Investigator will report directly to the Senior Competition Officer and/or Manager Competition and must maintain regular communication on the progress, risks, findings and significant developments arising from investigations. The Investigator is responsible for promptly bringing to the attention of the Senior Competition Officer and Manager Competition any significant competition concerns, suspected anti-competitive conduct, material breaches of the FCCC Act 2010, applicable regulations, undertakings or FCCC policies, as well as any matters that may require urgent investigative or enforcement action.

Key Results Areas (KRAs)

• Attending to businesses, consumers and relevant stakeholders to clarify issues and concerns relating to Restrictive Trade Practices matters [contracts, arrangements or understandings restricting dealings or affecting competition, contracts, arrangements or understandings in relation to prices, covenants affecting competition, covenants in relation to prices, restriction on conduct that hinders of prevents the supply of goods or services to others, prohibition of contracts, arrangements or understandings effecting supply or acquisition of goods or services, misuse of market power, anticompetitive conduct, collective tendering, exclusive dealing, resale price maintenance, resale price maintenance in relation to services, price discrimination, anti-competitive mergers and acquisitions.
• Receiving and assessing complaints to determine whether the matter raises potential competition concerns or possible contravention of FCCC Act 2010.
• Conducting preliminary assessments of complaints and allegations, identifying the relevant competition issues, potential theories of harm, applicable provisions of the FCCC Act 2010 and the evidence required to determine whether further investigation is warranted.
• Planning and conducting thorough, objective and evidence-based investigations into alleged Restrictive Trade Practices and other competition matters in accordance with the FCCC Act 2010, Competition Investigation SOP, approved guidelines and applicable investigative procedures.
• Conducting interviews and obtaining information from relevant parties and witnesses, preparing appropriate interview records and ensuring that investigative evidence is properly documented, organised and maintained for enforcement and potential litigation purpose.
• Conducting a comprehensive analysis of each relevant legal element of an alleged contravention under the FCCC Act 2010 and establishing clear links between the applicable legal provisions, material facts and supporting evidence.
• Undertaking thorough investigations arising out of Merger and Acquisitions assessments and provide accurate recommendations.
• Engaging in educating businesses and consumers on the competition laws and its rationales.
• Undertake investigations into general and specific matters of Restrictive Trade conducts under the FCCC Act 2010.
• Assisting in the development, assessment and implementation of appropriate enforcement responses and remedies arising from investigations, including enforceable undertakings, compliance measures and other regulatory actions available under the FCCC Act 2010.
• Undertaking other competition-related investigations, assessments and duties as directed by the Senior Competition Officer and/or Manager Competition or EM in support of the objectives and priorities of the Competition Department.

Key Accountabilities

The duties and functions that the Investigator is expected to undertake incorporate, but are not limited to, the following:

• Develop and maintain an annual investigation work plan for the financial year, outlining planned investigations, priority areas, key activities, deliverables and indicative timelines for the entire FY. Review and update the annual investigation work plan as necessary to reflect emerging competition concerns, new complaints, referrals, intelligence and departmental priorities.
• Receive, record and assess complaints, referrals and information relating to Restrictive Trade Practices and other competition concerns.
• Undertake preliminary case assessments and prepare investigation plans identifying potential breaches, legal elements, evidence requirements and proposed investigative actions for approvals.
• Conduct thorough, objective and evidence-based investigations into alleged Restrictive Trade Practices and other anti-competitive conduct under the FCCC Act 2010.
• Gather, assess, verify and preserve relevant documentary, electronic, financial and testimonial evidence in accordance with FCCC procedures and applicable law.
• Conduct formal interviews with relevant parties and witnesses and ensure interview records and supporting evidence are properly documented and maintained.
• Assess each relevant legal element of an alleged contravention and establish clear links between the applicable statutory provisions, material facts and supporting evidence.
• Conduct investigations to a standard suitable for enforcement action and potential civil litigation, including identifying evidentiary gaps and litigation risks.
• Prepare comprehensive investigation reports, findings, evidence schedules and recommendations for consideration by the Senior Competition Officer and/or Manager Competition.
• Make appropriate reference to relevant international competition law precedents, enforcement practices and methodologies when undertaking investigations.
• Undertake Merger and Acquisition assessments and investigations in accordance with the FCCC Act 2010, applicable guidelines and approved procedures.
• Identify and assess potential competition concerns arising from proposed or completed Merger and Acquisition transactions in Fiji.

Qualification

A Degree in Law, Economics, or a related discipline is required. Postgraduate qualification in Law or Economics, supported by strong analytical, investigative, and exceptional report-writing skills, would be an added advantage. Knowledge of competition law, investigation techniques, economic tools and theories, applicable legal tests, and knowledge and understanding of Restrictive Trade Practices and anti-competitive conduct under the FCCC Act 2010 would be an added advantage.

Knowledge and Experience

• Minimum of 3 years of work experience in the field of investigations, competition law, economics, regulatory enforcement or related field.
• Experience in investigation and capability towards market assessment, investigations, research with an strong analytical critical thinking skills.
• The ability to undertake competition, economic and legal analysis, investigations, evaluation and reporting of information to management is required
• Knowledge of investigation methods, techniques, tools, evidence gathering and assessment, interview procedures and investigation processes.
• Negotiation skills and the ability to develop strong working relationships, both locally and internationally with competition agencies.
• Knowledge of Fijian Business and market Environment.
• Excellent communication skills – both written and verbal, including the ability to prepare clear, logical and evidence-based investigation reports.
• A keen eye for detail and desire to probe further into information, data and evidence to identify inconsistencies, gaps and potential competition concerns.
• Ability to adhere to statutory and internal time constraints and manage multiple competing priorities effectively.
• Demonstrated integrity, impartiality, sound judgement and professionalism in conducting investigations and handling confidential information.
• Knowledge of Fijian Competition & Consumer Commission Act 2010 will be an advantage.

Refer attached - JD - Investigator.pdf