WILLEMSTAD - The Fair Trade Authority Curaçao (FTAC) has drastically reduced the penalty previously imposed on Zhao’s Arti’s Supermarket. The company was fined NAf 450,000 at the end of 2024 for failing to comply with the duty to cooperate under the National Ordinance on Competition, but after a full reassessment, the fine has been lowered to Cg 18,000.
Case Returned for Review After Court Referral
The FTAC invited the court to return the matter for reconsideration, a step the Court of First Instance approved on 15 July 2025. The authority acknowledged that penalties issued to other supermarkets in similar cases had been significantly lower once financial records were submitted. To ensure equal treatment, Zhao’s Arti’s was allowed to file its financial statements retroactively.
Supermarket Failed to Submit Required Information
In its reassessment, the FTAC concluded that Zhao’s Arti’s had ample opportunity to provide the requested information but failed to do so. The company’s objections — including complaints about the information request procedure, the authority of inspectors, and an appeal to the right to remain silent — were all dismissed as unfounded.
Fine Reduced on the Basis of Proportionality
What was upheld, however, was the objection concerning the proportionality and fairness of the original fine. Based on newly available financial data and the need to maintain consistency across comparable cases, the FTAC determined that a substantially lower penalty was appropriate.
The fine has now been reduced to Cg 18,000.
Context
The case is one of several involving supermarkets and the FTAC’s enforcement of competition rules, particularly regarding the duty to cooperate with investigations. The authority emphasizes that compliance remains essential, but penalties must also respect principles of equality and proportionality.
Zhao’s Arti’s has not publicly commented on the revised decision.