The Namibian Competition Commission's Board of Commissioners, at a meeting held on 27 June 2023, adjucated on seven mergers and acquisitions.
The Namibian Competition Commission has since 2017, been inundated with numerous complaints alleging possible anticompetitive practices in the Information, Communication Technology (“ICT”) industry, specifically the development of fibre optic infrastructure around the District of Windhoek. These complaints, some of which were lodged by major players in the ICT industry were all assessed to determine whether there have been possible infringements on Chapter 3 of the Competition Act, No. 2 of 2003.
For more informaiton in this matter, download the attached media statement.
The Commission wishes to notify the public that it has over the past 4-5 weeks received numerous complaints from the public about significant increases in prices of various products in the wake of the prevailing COVID-19 pandemic. The Commission’s further price movement analysis indicates clear evidence of price exploitation, as prices increased 14% to over 1000% in respect of certain products. Herein attached is a synopsis of the complaints received and profiled during April and May 2020.
The Commission is working closely with relevant stakeholders such as the Ministry of Industrialization & Trade, Office of the Attorney General and the Ministry of Justice in order to introduce a legal mechanism to address price exploitation during the prevailing COVID-19 outbreak. The Commission will revert to the public with further progress once the price directives are gazetted and/or investigations initiated against the parties implicated. In the meantime, consumers are urged to continue filing their complaints with the Commission at covid-19@nacc.com.na alternatively via whatsapp or text to +264 81377 4800.
The Commission hereby informs that it has received an exemption application in terms of Section 27(1) of the Namibia Competition Act No.2 of 2003, from the Namibia Trade Forum (NTF) as well as the producers, distributors and retailers listed in paragraph 2 of the statement, requesting to be exempted from certain provisions of Part 1 of Chapter 3 of the Competition Act. The exemption is sought for a period of five (5) years.
As required by the Act, the Commission is currently seeking input from the public in respect of the implications that may arise as a result of the voluntary dairy local sourcing scheme.
The Commission herewith confirms that it has received an exemption application in terms of Section 27(1) of the Namibia Competition Act no.2 of 2003, from the Payments Association of Namibia (PAN) and participating banks to obtain relief from certain provisions of Part 1 of Chapter 3 of the Act. The exemption application relates to a decision by PAN and agreement(s) between the participating banks concerning the collective determination of interchange fees.
For a detailed report on the multilateral agreement of PAN and participating banks, kindly send your request to martha.hawanga@nacc.com.na; ashley.tjipitua@nacc.com.na
The Commission has concluded settlement agreements with Santam Namibia Ltd (“Santam”) and Hollard Insurance Company of Namibia Ltd (“Hollard”) in respect of an investigation relating to alleged price fixing in contravention of the Competition Act No.2 of 2003.
The Commission made a determination on the Rossing Uranium Ltd acquisition by CNUC.
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The Commission investigated the conduct of PG Glass Namibia (Pty) Ltd for implementing a merger prior to the notification and approval by the Commission.
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The Competition Commission completed a market study in the Automotive industry in 2018, to understand the market structure and the state of competition in the industry. The study defined the automotive industry as the distribution and retailing of vehicles, servicing and maintenance of motor vehicles, and the sales of vehicles and automotive related components.
The Namibian Automotive Industry is underdeveloped, with active market players only in automotive retail and the automotive aftermarket services such as panel-beating and motor repair service centres.
The Commission introduced its Corporate Leniency Programme ( CLP) to encourage businesses engaged in cartel conduct to report such activities to the Commission in return for leniency.
The Commission is investigating various short-term insurance companies for entering into exclusive agreements with windscreen retailers
The Commission”) confirms that it has commenced an investigation for price fixing against the Pharmaceutical Society of Namibia (“PSN”) and over 200 registered pharmacies. The Commission’s investigation is based on allegations that the PSN, a voluntary association of pharmacies has in place a rule that requires pharmacies to impose a uniform 50% mark-up on the dispensing of medicines. Mark-ups refer to the margins or profits that pharmacies add on top of the costs of medicines.
The Commission is investigating various short-term insurance companies for price fixing in the panel beating industry.
The Commission cautions taxi operators against the proposed collusive price increases should such be done outside the scope of their legislation.
The Commission wishes to clarify its stance on the Edcon Group/Edgards club fee matter.
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The Commission received an exemption application request from major insurance companies in relation to its Marketing Agreement. Read more on the Commission's determination in this regard.
Dear Stakeholders,
The media statement on the latest developments within the Commission is hereby published for your perusal.
The Chief Executive Officer of the Namibian Competition Commission, Mr Mihe Gaomab II touched on the subject of NEEEF in relation to the mandate of the Competition Act 2 of 2003.
"The purpose is clear for the Competition Act to take into account such a provision on promoting greater spread of more people, particularly the previously disadvantaged. But the level of instrumentation to make that happen within the Act is missing. The Competition Act cannot do this. It would be significant if the NEEEF as a framework is transformed into Law to ensure legal provisions to make empowerment a reality in Namibia," he states. (February 2016)
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"This year, Government has declared war against poverty which also saw the restructuring and introduction of new Ministries to enhance efficiency in the public service delivery. This has again resulted in the proposal of new economic plans such as the establishment of the food bank to feed the destitute, provisions of the basic income grants for low income earners, the implementations of the basic income grants for Namibia and the recently introduced Solidarity tax. These initiatives ties in with one of the developmental pillar of alleviating poverty and increase equality in the citizens as social grants are one of the most effective means of alleviating poverty," said the CEO of the Namibian Competition Commission, Mr Mihe Gaomab II in his article on "The State of Economic Policy-making in Namibia". (February 2016)
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Statement delivered by Ms Maria Pogisho, Deputy Director: Consumer Protection,on behalf of the Permanent Secretary of the Ministry of Industrialisation, Trade & SME Development, Mr Gabriel Sinimbo, at the 6th Annual Stakeholders Gala Dinner held on 03 December 2015.
Statement by the NaCC Board Chairman, Dr Sackey Akweenda, delivered at the 6th Annual Stakeholders Gala Dinner held on 03 December 2015
Statement by the NaCC Chief Executive Officer, Mr Mihe Gaomab II delivered during the 6th Annual Stakeholders Gala Dinner held on 03 December 2015.
The Commission held a year-end media engagement event to highlight developments within the Commission, on 20 November 2015. The CEO, Mr Mihe GaomabII addressed media representatives from various media houses.
The Namibian Competition Commission on 11 November 2015 signed a Memorandum of Understanding with the Competition Commission of South Africa (CCSA) that will serve as a tool for integrated crossborder competition regulation. The Commission's CEO, Mr Mihe GaomabII, statement attached.
"In 2006 the Government of the Republic of Namibia passed the State Owned Enterprises Act contextualizing legally the definition and function of SOEs and the implicit and explicit mandates placed upon them by the Government of the Republic of Namibia, which acts as the State..."
The Chief Executive Officer of the Namibian Competition Commission, Mr Mihe GaomabII provides the history on the importance of competition law in Africa and its relevance in Namibia, in the attached article.
".....A major milestone for acceleration of competition regime in Africa has been as a result of concerns expressed on Multinational Companies causing cross border anti-competitive practices in Africa such as price abuse, dominance abuse and restrictive carter and collusive behaviour..."
"The Namibian Competition Commission (NaCC), like most other established competition authorities, anticipates facing problems in dealing with franchise agreements under its competition legislation. This is particularly so in dealing with applications that are anti competitive restricting franchising activities for those with licenses and inherently keeping out those that would want to partake into Franchising to sell a product, service or activity..."
..."The Commission embraces the promulgation of the empowerment law but with cautious optimism..."
Read more on the topic of empowerment in the article written by the Chief Executive Officer of the Commission, Mr Mihe Gaomab II as he explores the interface between competition and empowerment.
The Chief Executive Officer of the Namibian Competition Commission, Mr Mihe Gaomab II, provides a write-up on how the Commission can aid in reducing income inequality.
This article is compiled by the Chief Executive Officer of the Namibian Competition Commission, Mr Mihe Gaomab II, to provide an insight into the inter-relatedness between competition policy & law and competitiveness.
Honourable Tjekero Tweya, Deputy Minister of Trade and Industry, officiated at the Commission's Peer Review Dissemination Workshop on 17 February 2015.
The UNCTAD Chief of Capacity Building and Advisory Services Section, Mr Juan Lui Crucelegui delivered a statement during the opening of the Commission's peer review dissemination workshop, held on 17 February 2015 in Windhoek, Namibia.
Chief Executive Officer to the Commission, Mr Mihe Gaomab II, expressed the vote of thanks during the Commission's voluntary peer review dissemination workshop held on 17 February 2015 in WIndhoek, Namibia.
The Deputy Minister of Trade and Industry, Honourable Tjekero Tweya delivered the keynote address at the Commission's third Annual Stakeholders Gala Dinner on 04 December 2014, held at Xwama Cultural Village located in Wanaheda, Windhoek.
The outgoing Chairperson of the Commission's Board of Commissioners, Mr Festus Hangula delivered the welcoming remarks at the third Annual Stakeholders Gala Dinner held at Xwama Cultural Village in Wanaheda on 04 December 2014.
NaCC CEO, Mr Mihe Gaomab II gave the Vote of Thanks at the third Annual Stakeholders Gala Dinner held at Xwama Cultural Village located in Wanaheda on 04 December 2014.
The Commission signed a Memorandum of Agreement with the Namibia Financial Supervisory Authority (NAMFISA), as mandated in terms of Section 67 of the Competition Act 2 of 2003, to negotiate agreements with other regulatory authorities with whom it exercises concurrent jurisdiction over competition matters in order to ensure the consistent application of the principles of the Act.
African Development Bank's (AfDB) latest Country Strategy Paper for Namibia for 2014 to 2018 hailed the country as a regional example of a country moving in the right direction. NaCC CEO and Alternate Exeutive Director for the AfDB, Mr Mihe Gaomab II explains...
Source: Namibian Sun 9 May 2014
The Chief Executive Officer of the NaCC, Mr Mihe Gaomab II provides insight into the state of Namibia's competitiveness.
Welcoming Remarks by Dr Omu Matundu Kakujaha, Commissioner Of The Namibian Competition Commission Board Of Commissioners at The Annual Stakeholders Gala Dinner, Hilton Hotel, Windhoek 05 December 2013.
Keynote Address by Honourable Tjekero Tweya, Deputy Minister - Ministry of Trade & Industry at the Annual NaCC Stakeholders Gala Dinner, Hilton hotel, Windhoek - 05 December 2013.
Namibian Competition Commission Gala Dinner - 5 December 2013
Statement on behalf of Competition Law Forum re Stakeholders’ perspective on competition law in Namibia by Hans-Bruno Gerdes.
Vote of thanks by Mr Mihe Gaomab II, Chief Executive Officer Namibian Competition Commission at the Annual Stakeholders Gala Dinner Hilton Hotel, Windhoek 05 December 2013.
The sky is the limitand policies as well as helping the work towards a national competition policy.
NaCC was established in 2009 with the role of safeguarding competition in the country across all sectors of the country’s economy.
As per Section 2 of the Competition Act, the purpose of the Act is to enhance the promotion and safeguarding of the competition in Namibia in order to promote the efficiency, adaptability and development of the Namibian economy and to promote employment and advance the social and economic welfare of Namibians.
Thus far, the NaCC has worked through more than 180 cases in the mergers and acquisitions as well restrictive business practices (RBPs).
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