WILLEMSTAD – The Fair Trade Authority Curaçao is intensifying its oversight of supermarkets and the food sector following recent rulings by the Gerecht in Eerste Aanleg van Curaçao confirming that the competition authority is legally entitled to impose fines on both companies and individuals who refuse to cooperate with investigations. This was explained by FTA Curaçao Director Jeanne Fabian.
In a series of recent appeal cases, the court ruled fully in favor of the regulator in proceedings involving supermarket chains Mangusa and Arco Iris, as well as in cases against two individual persons. The court confirmed that the statutory duty to cooperate with competition investigations applies broadly and that failure to do so may be sanctioned.
According to Fabian, the rulings strengthen the authority’s position and allow it to act more decisively when companies or individuals refuse to provide access to requested data. “Obstructing investigations can no longer be used as a tactic to delay or prevent effective supervision,” she indicated.
The cases are linked to ongoing investigations into price formation in the food sector, which were launched following persistent public concerns about high supermarket prices on Curaçao. The Fair Trade Authority previously received reports of identical pricing for certain products and indications that food prices have been rising structurally over time.
The regulator stressed that the purpose of the investigations is to gain insight into how prices are determined and to assess the roles played by supermarkets, suppliers, and market structures. While no conclusions have yet been drawn regarding prohibited price agreements or cartel behavior, Fabian described the court’s confirmation of enforcement powers as a significant turning point.
The Fair Trade Authority Curaçao is now preparing follow-up investigations within the sector. In addition, the authority will publish a new supervisory agenda as of June 1, outlining which sectors will be given priority in the coming period.
With this approach, the regulator aims to strengthen oversight of markets that have a direct impact on the cost of living on Curaçao, signaling a more assertive phase in competition enforcement.