Exemption from the prohibition on cartels

Anti-competitive agreements which do not fall under the category “hardcore” violations of the National Ordinance on Competition, may have a positive contribution to the economic development of Curaçao. Companies which have concluded these types of agreements may apply for an exemption from the prohibition on cartels at the Fair Trade Authority Curaçao. The FTAC will assess whether the benefits of the agreement outweigh the drawbacks.

In the application, the involved companies should prove that they meet all four exemption criteria listed below:

1. The agreement should contribute to the improvement of production or distribution, or to the promotion of technical/economic progress.
2. The agreement should allow consumers a fair share of the resulting benefits.
3. Competition should not be restricted further than is necessary.
4. Adequate competition in the market should be maintained.

A granted exemption is effective retroactively until the moment of the application. An exemption is effective for a certain period of time and can be extended at the request of the involved companies.

Companies may apply for an exemption by answering the questions in part 2 of the application form for exemption from the prohibition on cartels. Click here for the English version of this form.