Supreme Court Grants Tank-Weld Leave for Judicial Review of FTC Decision

A Supreme Court judge on Tuesday granted Tank-Weld Metals Limited leave to apply for judicial review of a decision made by the Fair Trading Commission. The commission had previously accepted, adopted, or endorsed an August 2025 staff report submitted by competitor Arc Manufacturing Limited. This report alleged that Tank-Weld engaged in unfair pricing practices regarding steel reinforcing bars, commonly known as rebar.

Acting Supreme Court Justice Sharon Millwood-Moore presided over the application for judicial review and injunctive relief filed by Tank-Weld. Following the hearing, the court granted the entity an Order of Certiorari to quash the commission's decision to adopt the staff report.

Additionally, the court issued an Order of Prohibition to restrain the FTC from publishing or acting upon the decisions outlined in two letters sent to the applicant's attorneys on March 23, 2026. Tank-Weld has also been granted leave to seek an Order of Mandamus to compel the commission to withdraw the staff report and its decision to accept the findings. The court further allowed the company to seek an order requiring the removal of the report from any electronic medium where it may have been posted.

Furthermore, the court approved an application for an Order of Mandamus to ensure the FTC proceeds with a proper investigation as required by the Fair Competition Act and general principles of law. Justice Millwood-Moore also ruled that the FTC's preliminary report and the August 2025 staff report must remain sealed unless otherwise ordered by the court. The judicial review application is required to be filed and served within 14 days of the court's order.

Any related matters regarding the transfer of the case are scheduled to be heard on April 23, 2026. Previously, on April 2, the commercial division of the Supreme Court placed a hold on any actions related to the FTC investigation until further notice. In a news release, Tank-Weld stated that the court's decision provides important protection for ordinary Jamaican families, builders, and contractors from the immediate risk of higher building costs.

The company noted that for 35 years it has kept rebar and other building materials affordable in an open market where materials can be imported duty-free from anywhere in the world.