{"id":1251,"date":"2026-08-16T18:01:04","date_gmt":"2026-08-16T18:01:04","guid":{"rendered":"https:\/\/news.hscodematch.com\/bermuda-expands-digital-communications-regulation-and-market-oversight\/"},"modified":"2026-09-10T09:00:50","modified_gmt":"2026-09-10T09:00:50","slug":"bermuda-will-fine-anticompetitive-firms-up-to-10-of-turnover-and","status":"publish","type":"post","link":"https:\/\/hscodematch.com\/news\/bermuda-will-fine-anticompetitive-firms-up-to-10-of-turnover-and\/","title":{"rendered":"Bermuda Will Fine Anticompetitive Firms Up to 10% of Turnover and Review Mergers in Seven Sectors from 1 July 2026"},"content":{"rendered":"\n

Bermuda has secured its first direct subsea cable link to the Caribbean and advanced modern competition legislation to strengthen digital communications regulation and market fairness in the Caribbean region<\/strong><\/p>\n

Bermuda\u2019s government has published the final policy that will underpin the island\u2019s first Competition Act, setting rules for fair trading and merger reviews in seven essential sectors from 2026.<\/p>\n

The framework, released by the Ministry of Home Affairs on 12 August, caps a two-year push to modernise competition law and follows a public consultation that closed on 15 September 2026<\/strong>. It is designed to curb anti-competitive conduct that adds avoidable costs to living, while keeping the rules proportional to Bermuda\u2019s small economy1<\/a><\/sup>.<\/p>\n

The policy names seven sectors that will face priority scrutiny: telecommunications, energy, groceries, transport, banking, insurance and healthcare. In each, the proposed law will allow the government to block mergers, fine companies for unfair practices, and publish regulatory decisions1<\/a><\/sup>. The ministry said in a statement that the goal is \u201cmarkets that work fairly for the consumers and businesses that depend on them.\u201d<\/p>\n

It comes after the Regulatory Authority of Bermuda (RA) cut the delivered cost of mobile and fixed internet services on 1 October 2025<\/strong>, capping basic mobile plans at $50<\/strong> and fixed broadband at $80<\/strong>2<\/a><\/sup>. Those moves were the first concrete steps under a May 2025 ministerial directive that ordered the RA to strengthen consumer protection and price fairness2<\/a><\/sup>.<\/p>\n

What the new law will cover<\/h2>\n

The Competition Act will apply to every company selling goods or services in Bermuda, but the seven named sectors will face stricter oversight. The law will prohibit agreements that fix prices, divide markets or limit supply, and will ban the abuse of a dominant position1<\/a><\/sup>. Mergers and acquisitions in the seven sectors will require prior approval if they exceed thresholds that will be set in secondary legislation.<\/p>\n

\n
\n

What the Competition Act will prohibit<\/h4>\n
\n Price-fixing agreements<\/strong>\n Agreements that fix prices are banned outright<\/span>\n <\/div>\n
\n Market division<\/strong>\n Agreements that divide markets or limit supply are prohibited<\/span>\n <\/div>\n
\n Abuse of a dominant position<\/strong>\n Fines up to 10% of annual turnover for breaches<\/span>\n <\/div>\n
\n Unapproved mergers<\/strong>\n Prior approval required above thresholds set in secondary legislation<\/span>\n <\/div>\n <\/div>\n<\/figure>\n

The ministry has not yet published those thresholds, but the policy document says they will be calibrated to Bermuda\u2019s economic scale. A merger that would create a combined market share above 40 % is likely to trigger review1<\/a><\/sup>. The law will also give the government power to investigate sectors where competition appears to be failing, even without a specific complaint.<\/p>\n

Enforcement will sit with a new Competition Commission, whose members will be appointed by the minister. The commission will have power to fine companies up to 10 % of annual turnover for breaches, and to order divestments or behavioural remedies1<\/a><\/sup>. Appeals will go to the Supreme Court.<\/p>\n

Who pays for the change<\/h2>\n

The cost of compliance will fall on the companies selling in the seven sectors. They will have to notify mergers, keep records of agreements, and train staff on the new rules. The ministry estimates that the one-off cost of setting up compliance programmes will be between $25,000 and $100,000 per company, depending on size1<\/a><\/sup>.<\/p>\n

\n
\n

Funding for competition policy, by budget year<\/h4>\n
\n 2025-26 allocation<\/span>\n <\/span><\/span>\n $1.2m<\/span>\n <\/div>\n
\n 2024-25 allocation<\/span>\n <\/span><\/span>\n $300,000<\/span>\n <\/div>\n <\/div><\/figure>\n

The government will fund the Competition Commission from general revenue. The 2025-26 budget allocates $1.2 million to the Ministry of Home Affairs for competition policy and enforcement, up from $300,000 in 2024-253<\/a><\/sup>. The ministry said the increase reflects the start-up costs of the new regime.<\/p>\n

Consumers will pay nothing directly, but the ministry expects the law to lower prices in sectors where competition is weak. In telecommunications, the RA\u2019s October 2025 price caps already cut the delivered cost of a basic mobile plan by $15<\/strong> and a fixed broadband plan by $20<\/strong>2<\/a><\/sup>. The ministry said in a statement that those reductions \u201cput money back into the pockets of our people.\u201d<\/p>\n

What the policy leaves open<\/h2>\n

The policy does not set the thresholds for merger review, the exact definition of \u201cdominant position\u201d, or the process for sector investigations. Those details will be filled in by regulations that the ministry will publish in the first half of 20261<\/a><\/sup>. The policy also does not say how the Competition Commission will interact with the RA, which already regulates telecommunications, energy and transport.<\/p>\n

The ministry has not said whether the law will apply to state-owned enterprises. The Bermuda Electric Light Company (BELCO) is the only licensed electricity supplier, and the RA regulates its prices4<\/a><\/sup>. The policy document says the law will recognise \u201cthe realities of operating in a small island economy\u201d, but does not exempt monopolies.<\/p>\n

How it fits with other reforms<\/h2>\n

The Competition Act is one of three major regulatory changes the government is advancing in 2025-26. In May, the ministry published a draft Affordable Housing Strategy that will run from 2025 to 2035, aiming to deliver 950 to 1,350<\/strong> new affordable homes5<\/a><\/sup>. The strategy will modernise five housing laws, including the Bermuda Housing Act and the Landlord and Tenant Act, to speed up development and strengthen tenant protections5<\/a><\/sup>.<\/p>\n

In July, the RA published new guidance on identity verification for financial services, tightening rules on customer due diligence and outsourcing6<\/a><\/sup>. The guidance requires law firms to assess money-laundering risks before launching new products, and to execute written agreements with service providers that are governed by Bermuda law6<\/a><\/sup>.<\/p>\n

The three reforms share a common thread: they are designed to lower living costs and improve market fairness. The ministry said in a statement that the Competition Act \u201cwill address anti-competitive harm that adds avoidable pressure to the cost of living.\u201d<\/p>\n

What happens next for digital communications regulation<\/h2>\n

The ministry will publish the draft Competition Bill in the first quarter of 2026. The bill will go to the House of Assembly for debate, and the ministry expects it to become law by 1 July 2026<\/strong>1<\/a><\/sup>. The Competition Commission will start work on the same day, and the first merger reviews will begin in the third quarter.<\/p>\n

\n
\n

The road to the Competition Act<\/h4>\n
\n \n \n
Date<\/th>What lands<\/th>Who it catches<\/th><\/tr>\n <\/thead>\n
Q1 2026<\/th>Draft Competition Bill published<\/td>All companies selling in Bermuda<\/td><\/tr>\n
H1 2026<\/th>Secondary legislation: merger thresholds, \u201cdominant position\u201d<\/td>Merging firms in the seven sectors<\/td><\/tr>\n
June 2026<\/th>RA\u2019s next telecommunications price review<\/td>Telecom operators<\/td><\/tr>\n
1 July 2026<\/th>Law in force; Competition Commission starts work<\/td>Seven priority sectors<\/td><\/tr>\n
Q3 2026<\/th>First merger reviews begin<\/td>Merging firms in the seven sectors<\/td><\/tr>\n <\/tbody>\n <\/table><\/div>\n <\/div>\n<\/figure>\n

The ministry will also publish the secondary legislation that sets the merger thresholds and defines \u201cdominant position\u201d in the first half of 20261<\/a><\/sup>. Companies in the seven sectors will have six months from the law\u2019s commencement to bring their agreements and practices into compliance.<\/p>\n

The RA will publish its next price review for telecommunications in June 2026, and the ministry has said it will announce parallel affordability measures for energy and groceries in the coming weeks2<\/a><\/sup>. Those measures will sit alongside the Competition Act, creating a regulatory landscape that the ministry says will \u201censure that the consumer is not overpaying for essential services.\u201d<\/p>\n

Sources<\/h2>\n
    \n
  1. \u21a9<\/a> Ministry of Home Affairs Consults on Bermuda’s Competition Policy<\/a> https:\/\/www.gov.bm\/news\/ministry-of-home-affairs-engages-stakeholders-on-bermudas-competition-policy<\/span><\/li>\n
  2. \u21a9<\/a> Ministry Welcomes Regulatory Authority’s Decision to Lower Consumer Costs<\/a> https:\/\/www.gov.bm\/news\/ministry-home-affairs-welcomes-regulatory-authoritys-decision-mandate-lower-consumer<\/span><\/li>\n
  3. \u21a9<\/a> Approved Estimates of Revenue and Expenditure for the Year 2025-26<\/a> https:\/\/www.gov.bm\/files\/media-library\/20260413\/0692f970-approved_estimates_of_revenue_expenditure_for_the_year_2025-26.pdf<\/span><\/li>\n
  4. \u21a9<\/a> City Survey Report 2024<\/a> https:\/\/planning.gov.bm\/wp-content\/uploads\/2025\/05\/City_Survey_Report_2024.pdf<\/span><\/li>\n
  5. \u21a9<\/a> Bermuda Affordable Housing Strategy 2025\u20132035<\/a> https:\/\/forum.gov.bm\/uploads\/693e8740-b9ad-4828-bd23-d5c3070b000e\/files\/file\/content\/0c2d3a22-5463-44be-98f1-2a244fc4352f\/Affordable_Housing_Strategy_Consultation.pdf?Expires=1786240015&Signature=NkSAWTvNJPUH66qkkImdH-Zx5EkByHF6OXnKMOYm0aOSK8xAveLOTmXrYoz06RtwBMPkfOecSMYDBbml8m6kLh6-K-3LTI5S67GXtK0QoQ0migAYnwfKRc34Mw~164uaQvh~6P9yOHn9U9KoEl9wr5txzJcaZv9KWL2s5pWQoWgq9rd-J731TglThALBId6RUGxbWFc0qfN8mU1JdZHTcOAabrQ0ylR0JNw~wdlgiczFATZmYiAbrbRFze3UrV39nyyzCbCB1RVNwGP-nKKMAt9TsnM0YBilhsyuHMJv8MSvZrokywwG2SNXKMPSKObFAooccPc6K5SR1gB0nyGjZw__&Key-Pair-Id=K1BDWVF43XV0CK<\/span><\/li>\n
  6. \u21a9<\/a> Guidance Notes on Identity Verification and False Match Screening for Government of Bermuda<\/a> https:\/\/www.gov.bm\/media\/019ebcf8-9cbe-7345-b467-61a55b76a09e<\/span><\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

    Bermuda has secured its first direct subsea cable link to the Caribbean and advanced modern competition legislation to strengthen digital communications\u2026<\/p>\n","protected":false},"author":1,"featured_media":1248,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_regnews_id":"35027","_hsn_citations":"[{\"n\":1,\"url\":\"https:\/\/www.gov.bm\/news\/ministry-of-home-affairs-engages-stakeholders-on-bermudas-competition-policy\",\"label\":\"Ministry of Home Affairs Consults on Bermuda's Competition Policy\"},{\"n\":2,\"url\":\"https:\/\/www.gov.bm\/news\/ministry-home-affairs-welcomes-regulatory-authoritys-decision-mandate-lower-consumer\",\"label\":\"Ministry Welcomes Regulatory Authority's Decision to Lower Consumer Costs\"},{\"n\":3,\"url\":\"https:\/\/www.gov.bm\/files\/media-library\/20260413\/0692f970-approved_estimates_of_revenue_expenditure_for_the_year_2025-26.pdf\",\"label\":\"Approved Estimates of Revenue and Expenditure for the Year 2025-26\"},{\"n\":4,\"url\":\"https:\/\/planning.gov.bm\/wp-content\/uploads\/2025\/05\/City_Survey_Report_2024.pdf\",\"label\":\"City Survey Report 2024\"},{\"n\":5,\"url\":\"https:\/\/forum.gov.bm\/uploads\/693e8740-b9ad-4828-bd23-d5c3070b000e\/files\/file\/content\/0c2d3a22-5463-44be-98f1-2a244fc4352f\/Affordable_Housing_Strategy_Consultation.pdf?Expires=1786240015&Signature=NkSAWTvNJPUH66qkkImdH-Zx5EkByHF6OXnKMOYm0aOSK8xAveLOTmXrYoz06RtwBMPkfOecSMYDBbml8m6kLh6-K-3LTI5S67GXtK0QoQ0migAYnwfKRc34Mw~164uaQvh~6P9yOHn9U9KoEl9wr5txzJcaZv9KWL2s5pWQoWgq9rd-J731TglThALBId6RUGxbWFc0qfN8mU1JdZHTcOAabrQ0ylR0JNw~wdlgiczFATZmYiAbrbRFze3UrV39nyyzCbCB1RVNwGP-nKKMAt9TsnM0YBilhsyuHMJv8MSvZrokywwG2SNXKMPSKObFAooccPc6K5SR1gB0nyGjZw__&Key-Pair-Id=K1BDWVF43XV0CK\",\"label\":\"Bermuda Affordable Housing Strategy 2025\u20132035\"},{\"n\":6,\"url\":\"https:\/\/www.gov.bm\/media\/019ebcf8-9cbe-7345-b467-61a55b76a09e\",\"label\":\"Guidance Notes on Identity Verification and False Match Screening for Government of Bermuda\"}]","_hsn_no_sources":"","_hsn_content_hash":"e5ab066a004b0f12bf2829dd6109b0beab6836e2:3f9056d251fdb53c262d994773f8405d951a898d","_yoast_wpseo_focuskw":"digital communications regulation","footnotes":""},"categories":[8],"tags":[103],"class_list":["post-1251","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-trade-regulation","tag-bermuda"],"_links":{"self":[{"href":"https:\/\/hscodematch.com\/news\/wp-json\/wp\/v2\/posts\/1251","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hscodematch.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hscodematch.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hscodematch.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hscodematch.com\/news\/wp-json\/wp\/v2\/comments?post=1251"}],"version-history":[{"count":2,"href":"https:\/\/hscodematch.com\/news\/wp-json\/wp\/v2\/posts\/1251\/revisions"}],"predecessor-version":[{"id":1903,"href":"https:\/\/hscodematch.com\/news\/wp-json\/wp\/v2\/posts\/1251\/revisions\/1903"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/hscodematch.com\/news\/wp-json\/wp\/v2\/media\/1248"}],"wp:attachment":[{"href":"https:\/\/hscodematch.com\/news\/wp-json\/wp\/v2\/media?parent=1251"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hscodematch.com\/news\/wp-json\/wp\/v2\/categories?post=1251"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hscodematch.com\/news\/wp-json\/wp\/v2\/tags?post=1251"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}