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TW Metals Limited (Tank-Weld Metals) has secured approval to proceed with a judicial review in the Supreme Court, in a major development that casts a spotlight on the Fair Trading Commission (FTC) and raises serious questions about the handling of its rebar market investigation.

The court’s decision to grant leave for the matter to be heard effectively opens the door for a full legal challenge to the FTC’s findings, which alleged that Tank-Weld may have abused a dominant market position by selling rebar below cost during a defined period. The Commission had also signalled that enforcement action could follow.

The FTC, an independent regulator within the portfolio of the Ministry of Industry, Investment and Commerce—headed by Senator Aubyn Hill—is chaired by public commentator Nadeen Spencer, with David Miller serving as Executive Director.

Tank-Weld has strongly rejected the findings, describing the report as fundamentally flawed and rooted in defective data, serious calculation errors, and a process that denied the company basic procedural fairness.

“We cannot and will not accept a flawed report built on defective data, serious calculation errors, and a process that denied us basic fairness,” the company said.

A 55-year-old, 100 per cent Jamaican-owned company, Tank-Weld employs over 800 Jamaicans with full statutory benefits and contributes approximately J$10 billion annually in taxes—about 1.2 per cent of national tax revenues. It operates at the centre of Jamaica’s construction, logistics, and export ecosystem, supported by one of the region’s most advanced logistics, warehousing, and port-handling platforms.
For decades, the company said, its business model has been anchored in efficiency and affordability.
“For more than 35 years, we have worked hard to keep rebar and other building materials affordable for ordinary Jamaican families, builders, and contractors.

Through sustained investment and operational efficiency, we have made construction and home repairs more accessible across the island.”

Tank-Weld has challenged the core premise of the FTC’s conclusions, arguing that its pricing reflects efficiency—not anti-competitive conduct.

“One must ask a simple question: why would a company that has followed the same efficient, low-price model for decades suddenly change course? Our model has not changed because it reflects how a well-run business operates in a competitive market.”

The company further pointed to the openness of Jamaica’s rebar market, noting the absence of import duties or permit restrictions, allowing both local and international suppliers to compete freely.
“This open market has always prevented—and will continue to prevent—any possibility of uncompetitive high pricing.”

The issue has sparked wider debate, including commentary from economist Damien King, who highlighted the apparent contradiction at the centre of the dispute—questioning whether a company could effectively be penalised for offering lower prices to consumers.

Tank-Weld warned that the implications of the FTC’s position could extend well beyond a single company.
“What concerns us most is the message this sends—that a company can be penalised simply for being efficient and keeping prices low. If this stands, ordinary Jamaicans building or repairing their homes will ultimately pay more.”

The company stressed that competition policy must remain focused on protecting consumers—not shielding less efficient businesses.

“True competition law should protect consumers—not shield less efficient businesses from fair competition.”

Tank-Weld also highlighted its deep and long-standing contribution to national development, including major investments in infrastructure such as the Great River, Martha Brae, Yallahs, and Lucea pipelines, along with high-voltage transmission projects supporting national growth.

Its operations support hundreds of Jamaican hardware stores, contractors, and MSMEs, many of which rely on Tank-Weld as a primary supplier. The company also exports regionally, earning foreign exchange, and played a key role in post-Hurricane Melissa reconstruction efforts by supplying critical materials.
Beyond its commercial footprint, Tank-Weld pointed to corporate social responsibility initiatives, including support for persons with disabilities, grants to MSMEs in underserved communities, and ongoing investment in youth, sports, and community development.

Reaffirming its position, the company said it remains confident as the matter moves before the Supreme Court: “Tank-Weld is proud of its record of service to Jamaica. We will challenge this matter vigorously in the Supreme Court to defend fairness, protect competition, and ensure that building costs remain affordable for the Jamaican people.”