The Fair Trade Authority Curaçao (FTAC) received a notification of a possible concentration on March 25th, 2019. The notification states that Cable & Wireless Curaçao Holding B.V., part of Liberty Latin America Limited (Bermuda) of which Columbus Communications Curaçao N.V. (FLOW) is also a part, is going to purchase a majority share capital in United Telecommunications Services N.V. (UTS).
According to the notification, the concerned firms carry out the following activities in Curaçao:
- United Telecommunication Services N.V. – offering telecom services, including (cable)television, fixed, mobile and long-distance telephony and internet to consumers and business users; and
- Columbus Communications Curaçao N.V. – offering telecom services, including (cable)television, fixed, mobile and long-distance telephony and internet to consumers and business users.
The FTAC will assess whether the notified transaction falls within the scope of Chapter 5 of the National Ordinance on competition.
This notification will also be announced in accordance with Article 5.4, third paragraph, of the National Ordinance on competition in the National Gazette (Landscourant) of March 29th, 2019.
Legal powers of the FTAC with respect to concentrations
The FTAC performs its duties on the basis of the National Ordinance on competition. The National Ordinance does not give the FTAC the authority to block acquisitions, mergers or joint ventures. However, major acquisitions, mergers and joint ventures must be notified to the FTAC prior to their establishment. The FTAC publishes received notifications on its website and in the Landscourant.