Tank-Weld Metals Limited has secured another legal victory against the Fair Trading Commission (FTC), with the Supreme Court agreeing to hear the company’s challenge to a disputed report while barring the regulator from using or acting on it in the meantime.
“The courts have found Tank Weld’s challenges to the FTC’s process to be serious and deserving of full examination,” said Tank Weld CEO Christopher Bicknell.
In an order handed down on April 8, Justice Mrs Milwood Moore ruled that Tank Weld may proceed to challenge the FTC’s decision to accept, adopt and endorse a staff report following a complaint by rival Arc Manufacturing Limited. The court also barred the FTC from further publishing or acting on the report pending full hearings.
On April 2, the Commercial Division of the Supreme Court granted pause in preventing the FTC from acting on its findings until a hearing later this month. That first order froze the FTC’s hands; the April 8 ruling goes further by opening the door to having the report potentially nullified.
The FTC report followed an investigation triggered by a complaint from ARC Manufacturing Limited. It concluded that Tank-Weld was likely abusing its position in the steel products market, potentially harming both peers and customers. Tank-Weld has disputed those findings. ARC alleged that Tank-Weld was selling steel reinforcing bars — commonly known as rebar — below cost to the detriment of competitors. The FTC began its investigation in September 2024 and sent its 56-page report to both companies last month.
Counsel for ARC Manufacturing, Ashley Mair said: “We don’t have much to say about the substantive matter because it’s before the courts. But we trust that the FTC would have done a robust and proper investigation”. FTC Executive Director David Miller declined to comment when contacted on Thursday.
A further hearing is scheduled for April 23, at which both sides will present their arguments before the court decides next steps.
neville.graham@gleanerjm.com
