Technical Overview

Find out more about various legal documentation and technical divisions of the Commission

Events

Invitation to Stakeholder Conference on NEWCO and Robmeg Steel and WISPECO Steel and Garage Door

Invitation: Stakeholders Conference on NEWCO, Robmeg Steel and Wispeco Steel and Garage Doors

Time:        06 March 2019 at 09h00-13h00 

Venue:      269 Independence Ave, Mezzanine Floor, BPI House

RSVP:       on or before Tuesday, 05 March 2019 by 13h00

                  Ms Marelize Bock

                  061-224622 (w)

                  marelize.bock@nacc.com.na

Commission seeks input on NAMCOR's exemption request 14February2019

 The Commission herewith confirms that the National Petroleum Corporation of Namibia (Pty) Ltd (“NAMCOR”) has, in terms of section 27(1) of the Competition Act No. 2 of 2003) applied to be exempted from certain provisions of the Act in respect of the proposed reinstatement of NAMCOR’s mandate to import 50% of Namibia’s petroleum needs. NAMCOR seeks an exemption for a period of ten (10) years.

Inputs from interest parties are sought.

 

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Supreme Court Judgement NAMAF vs NaCC 19 July 2017

The Namibian Association of Medical Aid Funds (NAMAF) appealed to the Supreme Court to establish whether the Namibian Competition Commission has jurisdiction over registered medical aid funds for the purpose of Section 23 of the Competition Act no.2 of 2003 which prohibits anti-competitive conduct between undertakings as defined in the Act.

 

 

 

 

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MoU Signed between NaCC and NSA,09June 2016

The Commission signed a memorandum of understanding with the Namibia Statistics Agency (NSA) in order to strengthen and cement areas of cooperation in the gathering and capturing of macro and micro economic data.

NaCC CEO, Mr Mihe GaomabII, at MoU Signing Ceremony,9 June 2016

The Namibian Competition Commission and the Namibia Statistics Agency, today signed a memorandum of understanding. Hereto attached is the statement made by the Commission's CEO, Mr Mihe Gaomab II at that occasion.

SADC Member States Signed MoU on Competition Enforcement

SADC Member States on 26 May 2016, signed a memorandum of understanding on cooperation in the field of competition policy, law and enforcement.

NAMAF's Jurisdictional Challenge Application Against NaCC Dismissed With Costs,17March2016

The Namibian Association of Medical Aid Funds (NAMAF) filed an application against the Namibian Competition Commission, challenging the competition authority's jurisdiction over the medical aid industry. The case was heard on 26 November 2015.

In a judgement delivered on 17 March 2016, the High Court of Namibia, found that NAMAF and constituent Funds fall in the category of undertakings as they are business for gain and thus cannot be exempt from the application and force of the Competition Act 2 of 2003. The application by NAMAF has been dismissed with costs, including costs of one instructing counsel and two instructed counsel.

 

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NaCC's Second Strategic Plan 2015-2020

Dear Stakeholders,

Kindly peruse the Commission's second Strategic Plan 2015-2020 to familiarise yourselves with the expanded focus on enforcement implementation.  

Dr Sackey Akweenda - Chairperson of the NaCC Board of Commissioners : "Strategic planning is a necessary condition that enables the NaCC to develop and effectively execute its mandate. We strive to remain relevant and to build an institution known for its operational efficiency and customer service."

Mr Mihe Gaomab II - Chief Executive Officer of the NaCC : "Whilst the strategic goals of the previous strategic plan focused on establishing and operationalising the regulatory mandate of the Commission based on conducting research, developing partnerships and building the capacity of the organisation, this strategy places emphasis on the enforcement activities of the Commission and the use of advocacy and the promotion of compliance as the twin pillars of competition regulation. Furthermore, ensuring compliance with the law will be informed by research-based evidence and high quality analysis that guides decision-making and increases operational excellence."

Commission Will Institute Proceedings in Court Against Namibian Association of Medical Aid Funds; 12 December 2014

The Commission gives notice that it will institute proceedings in Court against the Namibian Association of Medical Aid Funds (NAMAF) and its members for an order:

2.1 declaring that NAMAF and its members have contravened Section 23(1), read with Sections 23(2)(a) and 23(3)(a) of the Competition Act and ordering that they cease the conduct in question;

2.2 interdicting NAMAF from publishing tariffs (whether as guidelines, recommendations or otherwise) in a manner that infringes the Competition Act;

2.3 interdicting the members from participating or engaging in any process whereby such tariffs are determined, recommended or implemented in a manner that infringes the Competition Act;

2.4 stipulating a timeframe within which NAMAF and its members must ensure compliance with the Competition Act;

2.5 seeking an appropriate pecuniary penalty against NAMAF and the members in terms of Section 53(1)(a) and 53(2) of the Competition Act, taking into account the factors in Section 53(3) of the Competition Act;

2.6 ordering that NAMAF and its members pay the costs of the proceedings, and such further and/or alternative relief as the Court may consider appropriate.

The Commission records that it is willing to engage with all respondents in an endeavour to settle this matter with the objective of avoiding court proceedings. This remains an ongoing and open invitation on the part of the Commission. 

Commission Grants First Exemption September 2014

In September 2014, the Commission granted the National Petroleum Corporation of Namibia (Pty) Ltd, Tullow Kudu Limited and Cieco E&P Namibia Co. Ltd an exemption with conditions for engaging in restrictive practices prohibited in terms of Section 23 of the Competition Act No. 2 of 2003.

Technical Advisor to the CEO, Ms Bridget Dundee, in an interview conducted by the Consumer News publication, explains the reasons for the granting of this exemption.

The Commission and NAPWU signs Recognition and Procedural Agreement 10 June 2014

The Commission and NAPWU signs Recognition and Procedural Agreement 10 June 2014

The Commission, in line with the labour law and the principles of good governance, signed a recognition and procedural agreement with NAPWU on 10 June 2014. The union is now recognised as the exlcusive bargaining agent, to negotiate on behalf of its members in the bargaining unit.

NaCC-World Bank Stakeholders Workshop on Strengthening Competitition Policy

NaCC-World Bank Stakeholders Workshop on Strengthening Competitition Policy

The Commission hosted a one-day World Bank stakeholders workshop, on 10 June 2014, as part of the technical assistance project "Strengthening Competition Policy in Namibia" which the World Bank currently undertakes with the Commission. The objective of the project is to support private sector growth by promoting competition in key markets. The World Bank technical assistance aims to identify barriers to the development of competition in Namibian markets; propose recommendations to eliminate barriers to competition and anticompetitve product market regulation derived from restrictive government policies; and strengthen the anti-trust framework and enforcement capacity of the Commission.

Commission seeks submissions on mergers under investigation

  Pursuant to Section 44(1) of the Competition Act No. 2 of 2003, the Namibian Competition Commission has received the attached merger notifications for determination taking into consideration the provisions of Section 47 (2) of the Competition Act. Section 47(5) of the Competition Act states that, “any person, including a person not involved as a party in ...

Invitation for inputs on NAMCOR's exemption request

   The  Commission  herewith ...

INVITATION TO ATTEND AND PARTICIPATE AT THE STAKEHOLDERS CONFERENCE ON THE PROPOSED MERGER BETWEEN ATON GMBH // MURRAY & ROBERTS HOLDINGS LIMITED

The Commission hereby invites stakeholders to attend a stakeholders’ conference in terms of section 46(1) of the Competition Act (Act No.2 of 2003), that will be held on the 23rd of January 2019, at 09h00 – 13h00 at the Namibian Competition Commission, BPI House Mezzanine Floor. The proposed transaction involves the acquisition by ATON, acting through its wholly owned subsidiary, ATON AT, which currently already owns shares in M&...

INVESTIGATION INTO ALLEGED PRICE FIXING BY PHARMACIES 25 SEPT 2018

The Namibian Competition Commission confirms that it has commenced an investigation for price fixing against the Pharmaceutical Society of Namibia (“PSN”) and over 200 registered pharmacies. ...

Supreme Court Judgement on NaCC's jurisdiction case over NAMAF,19 July 2017

The Supreme Court delivered its judgement in the matter between the Namibian Competition Commission and NAMAF and its Funds, on 19 July 2017.The issue raised in this appeal was to established whether the Commission has jurisdiction over registered medical aid funds for the purpose of Section 23 of the Competition Act No.2 of 2003, which prohibits anti-competitive conduct between undertakings as defined by the Act.     A detailed judgemen...

Request for Written Submissions for Mergers under Investigation,July 2017

The Commission hereby invites stakeholders including customers, suppliers and competitors to the merging parties or any party who have an interest in the Mergers currently under Investigation, to make written submissions to the Commission with 15 days from the date of publication of this notice on the Commission’s website (www.nacc.com.na) by completing a concern form attached hereto to the below address: Director: Mergers & Acquisitions Divisio...

Invitation: Stakeholders Conference on Namport//Elgin Brown & Hamer Consortium (PTY)LTD Proposed Merger

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Invitation: Written Submissions on Mergers & Acquisition, 26 October 2016

The Namibian Competition Commission, through its Mergers and Acquisitions Directorate, wishes to invite all stakeholders to submit written submissions within 15 days from the date of publication on its website, on the attached mergers and acquistions cases currently under investigation. Confidentiality form (Form 1) and the Concern Form can be found under the Template Forms section of the Commission's website. ...

World Bank Report: Boosting Investment & well-functioning markets in Namibia

  The World Bank Report on "Boosting Investment & well-functioning markets in Namibia through competition policy" compiled by MsTania Begazo, Senior Economist: Trade & Competitiveness Global Practice from the World Bank Group and presented during the fifth annual Competition & Consumer Week on 14 September 2016.     Read more...   &n...

Essay Competition = Internship Opportunity, 01 August 2016

Dear Stakeholders As part of its drive in inculcating a competition culture, the Commission during its annual Consumer & Competition Week  (12-16 September 2016) will be holding an essay competition wich culminates into an internship with the Commission. All law and economics students are invited to partake in this actitivy. Deadline for submissions: 15 August 2016 @12h00   Read more... ...

NaCC CEO, Mr Mihe GaomabII: Statement at NSA MoU Signing Ceremony

The Namibian Competition Commission and the Namibia Statistics Agency, today signed a memorandum of understanding. Hereto attached is the statement made by the Commission's CEO, Mr Mihe Gaomab II at that occasion. ...

Guidelines on Restrictive Business Practices Issued, April 2016

The Commission presents to you the enforcement guidelines on Restrictive Business Practices. The Commission, through Chapter 3 of the Namibian Competition Act 2 of 2003 ensures enforcement of competition law, which follows a similar approach to that of developed competition jurisdictions such as South Africa and Europe. The development of these enforcement guidelines is to underpin the Namibian Competition Commission's app...

Guidelines on Mergers and Acquisitions, January 2016

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Capacity Building Workshop:Market Definition & Advocacy

The Commission held a training workshop on marketing defition and competition advocacy, on 18 February 2015, in Windhoek, Namibia. ...

PEER REVIEW REPORT DISSEMINATION WORKSHOP

The Commission undertook a voluntary peer review through the United Nations Conference on Trade and Industry (UNCTAD) between 2013 and 2014 to to identify areas in which it could strengthen and enhance its enforcement efficiency and effectiveness. it is in light of this that the Commission will be hosting a workshop to reveal the findings of the peer review report and also the recommendations that came forth from this process with all its stakeholders.  ...

Annual Stakeholders Gala Dinner

The Commission will hold its Annual Stakeholders Gala Dinner on 04 December 2014 in the city to express its appreciation towards its stakeholders for engaging the Commission on various levels of its operations. Honourable Minister Calle Schlettwein will deliver the keynote address at this occassion. Mr Tembinkosi Bonakele, Commissioner of the Competition Commission of South Africa will share South Africa's experience as a competition regulator , in his capacity as the guest o...

UNCTAD PEER REVIEW FINDINGS ON NaCC

The Commission undertook a voluntary peer review in 2013 to assess its enforcement of the competition law. UNCTAD, which was tasked with conducting the review, has concluded its assessment and made its recommendations. The hyperlink allows our stakeholders to have access to the full report on the Commission's peer review: ...

Commission Teambuilding event

The Commission is continuously striving to strengthening its human capacity in al its facets and from time to time embarks on teambuilding exercises geared towards fostering a conduive working environment for its employees. As such a cooking competition was held on 15 March 2014 at a reort few kilometres outside the city to encourage teamwork. This event took place after the conclusion of the Commission's strategic planning workshop where we were ironing out the road to more ...

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