Press release -

On June 12, 2024, the Joint Court of Justice confirmed that the FTAC was correct in imposing a fine of NAf 68.600,-  on the Dutch Caribbean Taxi Association (DCTA) for non-cooperation with the FTAC’s supervision.  

In 2020, the FTAC received indications that price-fixing agreements might be occurring in the markets for tourist tours and taxi services. The FTAC then requested information from all taxi associations and tour companies. One association systematically refused to cooperate with the FTAC. Consequently, the FTAC imposed a fine on this association in 2021. On September 28, 2023, the Court of First Instance had already confirmed that the FTAC was justified in imposing the fine, and this has now been upheld in the highest instance. There is no further appeal available against the fine. 

The FTAC and the Duty to Cooperate 

A competition authority is vital for a small economy like that of Curaçao. To effectively exercise supervision, the FTAC needs information about relevant market developments. The obligation to cooperate is the legal instrument to ensure that agencies like the FTAC have the necessary information for effective oversight. Based on this duty, everyone—whether a natural person or a legal entity—must provide information and grant access to documents upon request. 

The ruling can be found via this link: https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:OGHACMB:2024:78