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The battle between Norman Horne’s Arc Manufacturing and the Bicknell’s Tank-Weld over the pricing of steel in Jamaica raises question surrounding an open market and fair practices that allows for competition. 

Arc Manufacturing has filed a $2.8 billion lawsuit against Tank-Weld claiming that it consistently sold steel, particularly rebar, below cost to deliberately undercut a competitor despite incurring losses. The sale of rebar by Tank-Weld, Arc says, was sold below replacement costs and was instigated to ensure market dominance by the company.

The matter went before the Fair Trading Commission (FTC), which was established in 1993, with Horne pointing out that Tank-Weld had engaged in dropping prices consistently between 2022 and 2024, thus causing irreparable harm to Arc’s business.

Making matters more contentious, the then Chairman of the FTC, Donovan White, was asked to recuse himself due to his close friendship with the Bicknells. He did so with two other Commissioners also stepping away.

The matter was before the FTC for a lengthy period, almost two years (2024-26), possibly due to the need to gather submissions and other pertinent information.

The FTC did find that what Tank-Weld was engaging in what could be deemed predatory pricing and that Arc’s concerns about being forced out of the market were legitimate.

But in a turn of events, the Supreme Court has granted a stay on the FTC’s findings, stating its decision “shall not remain in force or be acted on by the FTC until the inter-partes hearing or further order by the court.”

The hearing is to take place on April 23, 2026.

Tank-Weld has welcomed the reprieve and says its decision to lower prices is good for all Jamaicans, particularly at a time when inflationary pressures abound.  The company put out a statement which read: “For 35 years Tank-Weld has kept rebar and other building materials affordable for Jamaican families, builders and contractors in a completely open market where rebar can be imported duty-free from anywhere in the world, making uncompetitive high pricing impossible.”

The CEO of Tank-Weld, Christopher Bicknell, went further, adding: “We are pleased that the court has stepped in to prevent immediate harm. We remain committed to serving Jamaica with fair prices and will continue to vigorously defend our position.

“The only people who benefit if the FTC reasoning is upheld are less efficient companies that want higher prices, not Jamaican families trying to build or repair their homes, not small contractors trying to make a living, not the Jamaican economy.”

In the aftermath of Hurricane Melissa, widespread reconstruction will have to take place in the coming years as infrastructure projects both in the private and public sectors proliferate. Yes, affordable prices for materials will be a boon, but there is also a need for competition and options, in other words, other players willing and able to supply the market. 

This is the matter at hand. In an open market, can it be said to be unfair if Tank-Weld, with an integrated operation, can offer lower prices while still remaining competitive? Then there is Arc’s concern that if allowed to, Tank-Weld can lower prices to such a level that it drives out competitors, then jacks it up, after they are vanquished. 

Arc makes the point that its claim is to recover sustained losses due to Tank-Weld’s move, which has been injurious to its business. 

Founder and Chairman of Arc Manufacturing, Norman Horne, has said he does not want to comment on the matter or be seen to have tried the case while it is before the court.

Some observers have said that this matter is indicative of Jamaica’s oligopolistic structures, which have driven out competition for decades. There are those who cite the Gleaner and Cable & Wireless as examples.

One does recall Carlos Slim’s Claro coming into the Jamaican market to break the back of Digicel’s dominance in the cell phone market by offering vastly reduced prices. 

Then there are those who point to Tank-Weld being a well-respected operator that has been tested and it has the right to offer prices it sees fit and doesn’t have to concern itself with competitors belly-aching about being unable to compete.

The hearing on April 23rd should be paid attention to, for it will determine how business ought to be done in Jamaica and the level of consideration that should be made for competitors.

The Government has said that it encourages enterprise and that there should be more entrepreneurs and greater competition. It too has to pay attention to this hearing.

Our Today spoke with “Dicky” McCann now residing in New York, who once worked at Moncrieffe Iron Works Patio Shop, who said: “Norman Horne has built a fantastic business. Over the years, he has expanded into other commodities. With Jamaica taking a J$2 trillion hit from Hurricane Melissa, the country will need all the help it can get. This should be the golden age for building manufacturers and suppliers, whom the government and the private sector must engage to get the country back on its feet. This hurricane shows why Jamaica should be more self-reliant and the need for more Jamaican businesses to step up. Have you heard Trump say America First? Why not Jamaica First? Let’s support our own.

“Tank-Weld has a good reputation and would have built relationships in international markets that make it a dominant player. Yes, you might say the open market should decide and that Tank-Weld is making rebar affordable for many Jamaicans looking to build and start homes.  The Government needs to begin fixing up the place. However, in this time in Jamaica’s history, you need as many suppliers as you can, so it creates a trickle-down effect in the economy-everyone gets to wet their beak. “

“I think what the FTC saw was one big Mother Ship that was able to drive off competitors, and that is a problem; it doesn’t look right. Capitalism is good, but can it also be fair? Small players need to eat a food too.”

Arc Manufacturing issued a statement which read: “When a court grants a party leave to apply for a judicial review, there is no final ruling on the merits of the claim. It is the court giving a party permission to pursue a challenge, often times without hearing the other side, as happened in this case – nothing more. The Fair Trading Commission’s findings have not been overturned.

“ARC Manufacturing brought this complaint because Jamaica’s steel market was not operating on fair terms. The Fair Trading Commission investigated, examined the evidence, and found that Tank-Weld Metals holds a dominant position in the steel market and is likely abusing it. That finding was made by an independent statutory body whose mandate is to protect competition and consumers. An order for a stay does not change what the Commission found.

ARC has an interest in the proceedings and intends to apply to participate in the litigation.

“It is clear that a well-resourced public relations campaign is now running alongside the legal one. Jamaicans are entitled to know that. Court decisions are not marketing material. A stay is not a vindication.”