Court ruling: Appeal against AFTA request for information dismissed
The Court of First Instance of Aruba delivered its judgment on 25 March 2026 in a case concerning a request for information issued by the Aruba Fair Trade Authority (AFTA) in the context of a competition investigation.
The Court held that an AFTA request for information, aimed at obtaining factual data for the purposes of an investigation, does not constitute a decision within the meaning of the National Ordinance on Administrative Justice (Landsverordening Administratieve Rechtspraak – LAR). Such a request does not produce independent legal effects and therefore cannot be challenged by way of objection or appeal.
According to the Court, AFTA was correct in declaring the objection to the request for information inadmissible. Consequently, the Court dismissed the appeal as unfounded.
With this judgment, the Court confirms that, in conducting market investigations, AFTA may make use of its statutory powers to request information, without such a request in itself qualifying as a decision open to judicial review.
Roly Sint Jago, Chairman of the Board of AFTA, stated: “Undertakings in Aruba are required to cooperate with AFTA investigations. There is no legal basis to refuse such cooperation. If undertakings fail to cooperate, AFTA may impose fines or other sanctions.”
AFTA is Aruba’s independent and impartial competition authority, responsible for safeguarding the proper functioning of markets for the benefit of businesses and consumers. AFTA monitors markets in Aruba and intervenes where competition rules are infringed. It has powers to prevent and, where necessary, sanction anti-competitive conduct by undertakings.
Click here to read more: LAR-AUA202500623 (in Dutch)
