WILLEMSTAD - On July 29, 2021, the Fair Trade Authority Curacao (FTAC) has adopted the “Decision regarding violation of the DCTA obligation to cooperate”, case number: A.0003.21.

In the decision, the FTAC imposes a fine of NAf 68,600 on the Dutch Caribbean Taxi Association (DCTA) for violating the obligation to cooperate as referred to in Article 6.2 paragraph 5 of the National Ordinance on Competition.

The FTAC is charged with supervising compliance with the National Ordinance on Competition. In that capacity, the FTAC is authorized to request information. In accordance with Article 6.2 paragraph 5 of the National Ordinance on Competition, everyone is obliged to cooperate in this. In accordance with Article 7.3 of the National Ordinance on Competition, the FTAC can impose a fine for failure to cooperate with a request for information.

On August 12, 2020, the FTAC sent a written request for information to DCTA. Despite repeated reminders on the part of the FTAC, DCTA refused to comply.

The FTAC, in response to this uncooperative attitude and a suspected violation of the cartel prohibition in accordance with Article 3.1. of the National Ordinance on Competition, has initiated an investigation into DCTA.

The FTAC has prepared a report. In that report, the FTAC concludes that DCTA has breached its duty of cooperation. In accordance with Article 7.11 paragraph 3 of the National Ordinance on Competition, DCTA has been given the opportunity to put forward its view. DCTA has not made use of this.

The FTAC has imposed a fine on DCTA in accordance with Article 7.3 of the National Ordinance on Competition.