WILLEMSTAD - The Court of Appeal has once again imposed an administrative fine on the Dutch Caribbean Taxi Association (DCTA). This was demanded by the Fair Trade Authority Curaçao (FTAC). Initially, a fine of 68,600 guilders was imposed for failing to comply with the obligation to cooperate in an investigation into taxi industry rates.
The case began in July 2020 when the FTAC received signals about alleged price-fixing in the taxi industry. In August of that year, the FTAC requested information from the DCTA, including details about board members, members, statutes, and minutes of various meetings. The taxi organization refused to cooperate, arguing that they had not violated competition rules.
Despite multiple reminders from the FTAC, the DCTA did not comply with the information request. This resulted in a formal investigation, during which the FTAC again requested the information in November 2020. The DCTA continued to refuse, leading to an administrative fine a year later.
Last year, the Court of First Instance declared the DCTA's appeal against the fine to be unfounded. The Court of Appeal upheld this decision, ruling that the FTAC had the right to impose a fine based on Article 7.3 of the Competition Act (Lvic), as the association did not meet the obligation to cooperate.
During the appeal proceedings, the DCTA argued that the obligation to cooperate violated the right to privacy and the right to a fair trial, as enshrined in the European Convention on Human Rights (ECHR) and the Constitution of Curaçao. The court rejected these arguments, confirming that the requested information was necessary and proportional, and that there was no violation of the right to remain silent or the right to a fair trial.
The court concluded that the fine was imposed legally and that the FTAC acted carefully. Thus, the court upheld the ruling of the Court of First Instance.