About the AFTA
Meet the AFTA, Aruba's independent competition authority, which promotes fair competition for economic growth.
Oversight
Discover how our Competition Ordinance stimulates fair competition, leading to lower prices, better quality, and more innovation.
News
Stay up to date with the latest news and developments from AFTA.
Documents
View important documents such as the Competition Ordinance and National Decrees.
Publications
Discover informative brochures about the Competition Ordinance and more.
Contact
Frequently asked questions and answers about the AFTA and competition.
The AFTA information videos
Welcome to Aruba Fair Trade Authority
The AFTA investigates complaints from consumers and companies who suffer from distortions of competition due to cartels and abuse of dominant positions. Possible violations of the merger notification obligation can also be reported to the AFTA.
Tips from companies and information about possible violations elsewhere in society are important for the effectiveness of the AFTA. Anyone can therefore contact the AFTA to submit tips and complaints by sending an email, calling or visiting the AFTA office.
Welcome to Aruba Fair Trade Authority
The AFTA investigates complaints from consumers and companies who suffer from distortions of competition due to cartels and abuse of dominant positions. Possible violations of the merger notification obligation can also be reported to the AFTA.
Tips from companies and information about possible violations elsewhere in society are important for the effectiveness of the AFTA. Anyone can therefore contact the AFTA to submit tips and complaints by sending an email, calling or visiting the AFTA office.
The AFTA
The Aruba Fair Trade Authority (AFTA) is the independent competition authority of Aruba. The AFTA is an independent administrative body with legal personality. In this way, the independence of the Authority in the performance of its duties can best be guaranteed
The AFTA promotes and monitors fair and effective competition in Aruba. This means that competition between companies is not prevented, restricted or distorted, and that companies may not abuse their dominant position. In an effectively competitive market, companies do their utmost to meet the needs of consumers.
This contributes to lower prices, more choice, higher quality and new innovative products and services for the consumer. Companies benefit from a level playing field, a better investment climate and better opportunities for new companies without unnecessary entry barriers. The result to be achieved is economic growth and greater prosperity in Aruba.
Core task
The core task of the AFTA is to implement the Competition Ordinance (in Dutch: “Mededingingsverordening”) (“AB” [Official Bulletin] 2020 No. 103), in particular by conducting oversight and enforcing the statutory rules of play. The AFTA has effective investigative and enforcement instruments for this purpose. Additionally, the AFTA will advise the government, both when asked and on its own initiative, about the consequences for competition of existing and proposed regulations. The new rules of the Competition Regulation will take effect on January 1, 2024.
Mission
The mission of the AFTA is: “To make markets work for the benefit of consumers and companies in Aruba”. As an independent authority in Aruba, the AFTA ensures free and undistorted competition. By consistently performing the statutory duties assigned to it with respect to general competition oversight, the AFTA ensures that market participants can (sometimes subject to conditions) compete for the attention of the consumer/customer. This stimulates economic growth and greater prosperity in Aruba.
Objective
The objective of the AFTA is to protect competition, which contributes to increasing prosperity. The AFTA does this by preventing anticompetitive practices on the one hand (repressive oversight) and preventing competition barriers on the other hand (preventive oversight).
The Board
The AFTA is managed by a Board. The Board is responsible for ensuring the efficient and effective performance of the duties of the AFTA as laid down in the Competition Ordinance. The resolutions of the Board are adopted by majority vote. If the votes are equally divided, the Chairman decides.
The Board may delegate duties and powers to the Director, as laid down in board regulations to be adopted by the Board. The Board consists of two ordinary members, including the Chairman, who are appointed and dismissed by national decree, and (at most) two extraordinary members who are nominated by the members.
Board members are subject to high requirements concerning their expertise (both as a director and professionally), integrity and independence. Board members are appointed by national decree in accordance with the statutory procedure and based on a profile.
The Bureau
The Board is supported by a Bureau. The Bureau of the AFTA consists of six employees and a Director. The Director is responsible for the daily management of the Bureau. The employees consist of four investigators (experts in the field of competition law), an operations manager and a management assistant.
Duties
The AFTA oversees competition between companies active on the Aruban market with the objective of making markets work well for everyone. The AFTA enforces the rules of play that apply to companies by preventing unfair practices and promoting compliance by these companies with the rules. The AFTA also provides information about the rules of play in the field of competition so that everyone knows these rules of play and can defend their rights.
It is intended that, in the future, AFTA will become a fully fledged “market master” that is not only responsible for general competition oversight but also acts as a market regulator and protects consumers from unfair commercial practices. Therefore, in due course, the AFTA will also be responsible for regulatory tasks and duties in the field of consumer protection.
Powers
The powers of the AFTA are laid down in the Competition Ordinance. This Ordinance determines what we are allowed to do. We have described the manner in which we exercise those powers in a number of policy documents.
The AFTA may initiate investigations in response to specific tip-offs. The AFTA can receive such (anonymous) tip-offs through its website or in any other way. However, specific notifications or public information may also give rise to investigations. Investigations can be conducted based on a risk-based approach. Applying the risk-based approach means paying more attention to undertakings and sectors that pose an increased risk of anticompetitive behavior. When we initiate an investigation, our employees have a number of powers.
Our employees may:
- enter places;
- request information;
- demand inspection, and
- take data.
This applies not only to business locations but to houses as well. In addition, everyone is required to cooperate with our investigations. If we find correspondence between a lawyer and a client, we will not include this in the investigation (confidentiality privilege). Irrespective of whether this is found at a law firm or at the company itself.
Enforcement
If companies do not comply with the rules, we have a number of legal instruments at our disposal to enforce them to do so. In case of violations of the Competition Ordinance, the AFTA has the power to impose fines and incremental penalty payments on companies and/or to give them binding instructions to ensure compliance with the Competition Ordinance. These instruments can be applied both to the company and to the persons involved.
The amount of a fine depends on the severity and duration of the violation and the specific circumstances of the case. Are there repeated violations, or is the investigation being obstructed? Then the fine will be higher. But a fine can also be lower, e.g., if aggrieved parties receive compensation from the violator. Not only for the violator itself, but also for other companies. We publish the fines we impose on our website, among other things.
Publicity
We may also issue public warnings to companies that violate the Competition Ordinance. We do so if this is effective enough to motivate these companies to discontinue violating the Ordinance.
Not yet available.
De AFTA
The Aruba Fair Trade Authority (AFTA) is the independent competition authority of Aruba. The AFTA is an independent administrative body with legal personality. In this way, the independence of the Authority in the performance of its duties can best be guaranteed
The AFTA promotes and monitors fair and effective competition in Aruba. This means that competition between companies is not prevented, restricted or distorted, and that companies may not abuse their dominant position. In an effectively competitive market, companies do their utmost to meet the needs of consumers.
This contributes to lower prices, more choice, higher quality and new innovative products and services for the consumer. Companies benefit from a level playing field, a better investment climate and better opportunities for new companies without unnecessary entry barriers. The result to be achieved is economic growth and greater prosperity in Aruba.
The core task
The core task of the AFTA is to implement the Competition Ordinance (in Dutch: “Mededingingsverordening”) (“AB” [Official Bulletin] 2020 No. 103), in particular by conducting oversight and enforcing the statutory rules of play. The AFTA has effective investigative and enforcement instruments for this purpose. Additionally, the AFTA will advise the government, both when asked and on its own initiative, about the consequences for competition of existing and proposed regulations. The new rules of the Competition Regulation will take effect on January 1, 2024.
Mission
The mission of the AFTA is: “To make markets work for the benefit of consumers and companies in Aruba”. As an independent authority in Aruba, the AFTA ensures free and undistorted competition. By consistently performing the statutory duties assigned to it with respect to general competition oversight, the AFTA ensures that market participants can (sometimes subject to conditions) compete for the attention of the consumer/customer. This stimulates economic growth and greater prosperity in Aruba.
Objective
The objective of the AFTA is to protect competition, which contributes to increasing prosperity. The AFTA does this by preventing anticompetitive practices on the one hand (repressive oversight) and preventing competition barriers on the other hand (preventive oversight).
The Board
The AFTA is managed by a Board. The Board is responsible for ensuring the efficient and effective performance of the duties of the AFTA as laid down in the Competition Ordinance. The resolutions of the Board are adopted by majority vote. If the votes are equally divided, the Chairman decides.
The Board may delegate duties and powers to the Director, as laid down in board regulations to be adopted by the Board. The Board consists of two ordinary members, including the Chairman, who are appointed and dismissed by national decree, and (at most) two extraordinary members who are nominated by the members.
Board members are subject to high requirements concerning their expertise (both as a director and professionally), integrity and independence. Board members are appointed by national decree in accordance with the statutory procedure and based on a profile.
The Bureau
The Board is supported by a Bureau. The Bureau of the AFTA consists of six employees and a Director. The Director is responsible for the daily management of the Bureau. The employees consist of four investigators (experts in the field of competition law), an operations manager and a management assistant.
Duties
The AFTA oversees competition between companies active on the Aruban market with the objective of making markets work well for everyone. The AFTA enforces the rules of play that apply to companies by preventing unfair practices and promoting compliance by these companies with the rules. The AFTA also provides information about the rules of play in the field of competition so that everyone knows these rules of play and can defend their rights.
It is intended that, in the future, AFTA will become a fully fledged “market master” that is not only responsible for general competition oversight but also acts as a market regulator and protects consumers from unfair commercial practices. Therefore, in due course, the AFTA will also be responsible for regulatory tasks and duties in the field of consumer protection.
Powers
The powers of the AFTA are laid down in the Competition Ordinance. This Ordinance determines what we are allowed to do. We have described the manner in which we exercise those powers in a number of policy documents.
The AFTA may initiate investigations in response to specific tip-offs. The AFTA can receive such (anonymous) tip-offs through its website or in any other way. However, specific notifications or public information may also give rise to investigations. Investigations can be conducted based on a risk-based approach. Applying the risk-based approach means paying more attention to undertakings and sectors that pose an increased risk of anticompetitive behavior. When we initiate an investigation, our employees have a number of powers.
Our employees may:
- enter places;
- request information;
- demand inspection, and
- take data.
This applies not only to business locations but to houses as well. In addition, everyone is required to cooperate with our investigations. If we find correspondence between a lawyer and a client, we will not include this in the investigation (confidentiality privilege). Irrespective of whether this is found at a law firm or at the company itself.
Enforcement
If companies do not comply with the rules, we have a number of legal instruments at our disposal to enforce them to do so. In case of violations of the Competition Ordinance, the AFTA has the power to impose fines and incremental penalty payments on companies and/or to give them binding instructions to ensure compliance with the Competition Ordinance. These instruments can be applied both to the company and to the persons involved.
The amount of a fine depends on the severity and duration of the violation and the specific circumstances of the case. Are there repeated violations, or is the investigation being obstructed? Then the fine will be higher. But a fine can also be lower, e.g., if aggrieved parties receive compensation from the violator. Not only for the violator itself, but also for other companies. We publish the fines we impose on our website, among other things.
Publicity
We may also issue public warnings to companies that violate the Competition Ordinance. We do so if this is effective enough to motivate these companies to discontinue violating the Ordinance.
Not yet available.
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