In a landmark legal ruling delivered on Tuesday, an acting justice of Jamaica’s Supreme Court has granted Tank-Weld Metals Limited the green light to pursue a full judicial review challenge against a key decision made by the nation’s Fair Trading Commission (FTC). The contested decision saw the FTC approve and adopt an August 2025 staff report that originated with Tank-Weld’s industry rival, Arc Manufacturing, which accuses the company of unfair pricing practices in the local market for steel reinforcing bars, commonly referred to as rebar, a critical construction material.
Acting Supreme Court Justice Sharon Millwood-Moore issued a series of preliminary rulings following an initial hearing on Tank-Weld’s application for both judicial review and injunctive relief. Among the court’s grants are approval for the company to seek an Order of Certiorari, a legal mechanism that would quash the FTC’s decision to accept the competitor-initiated staff report. The court also approved a request for an Order of Prohibition, which would bar the FTC from publishing or taking any further action based on two formal letters dated March 23, 2026, sent to Tank-Weld’s legal team at Hart Muirhead Fatta that confirmed the commission’s acceptance of the report.
Beyond these measures, the court has granted Tank-Weld leave to pursue an Order of Mandamus that would compel the FTC to fully withdraw both the contested staff report and its decision to endorse the document. The company is also cleared to seek a court order requiring the removal of the report and associated FTC decision from all public and private electronic platforms where the materials may have been posted. Additionally, the court approved the pursuit of a separate Order of Mandamus to force the FTC to conduct a full new investigation that adheres to the procedural requirements laid out in Jamaica’s Fair Competition Act and broader principles of administrative law.
One key protective measure granted by the court is an order that seals both the FTC’s preliminary investigation report and the contested August 2025 staff report, with the ruling stipulating that neither document can be unsealed without explicit authorization from the court. Justice Millwood-Moore also set out clear procedural timelines for the next steps in the case: the full judicial review application must be filed and served on all relevant parties within 14 days of Tuesday’s order, and any pending applications related to the transfer of the case are scheduled for a hearing on April 23, 2026, a date previously set by Jamaica’s Commercial Court.
This latest ruling builds on an earlier stay issued by the Supreme Court’s commercial division on April 2 of this year, which paused all enforcement action connected to the FTC’s investigation into the pricing allegations from Arc Manufacturing. That earlier order explicitly stated that the FTC’s March 2026 decision could not remain in effect or be acted upon until a full inter partes hearing is held or the court issues a new order.
In a public statement released following Tuesday’s ruling, Tank-Weld framed the court’s decision as a critical win not just for the company, but for Jamaican consumers and construction stakeholders. The company noted that the ruling provides immediate protection for ordinary Jamaican households, independent builders, and contracting firms from the sudden risk of spiking construction costs. Tank-Weld emphasized that it has operated in the Jamaican market for 35 years, maintaining accessible pricing for rebar and other core construction materials in an entirely open market that allows duty-free rebar imports from any country around the globe, a market structure that the company argues makes sustained anti-competitive high pricing impossible.