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Technical Overview

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

Mergers & Acquisitions

The Mergers and Acquisitions Division is responsible for administering the provisions of Chapter 4 of the Competition Act (Act 2 of 2003) and its core function is the investigation and analysis of mergers.

Undertakings wishing to enter into mergers as defined in terms of Section 42 of the Act are required in terms of Section 44(1) of the Act to notify the Commission of the proposed merger in a prescribed manner and form (Forms 38 and 39) and may not implement the merger until it has been approved with or without conditions by the Commission.

The division in terms of Section 47(2) investigates and analyses the likely effects of the notified merger and makes conclusions as to whether or not the merger will substantially prevent or lessen competition in any of the markets, in which the parties compete.

In addition, the division will consider the impact such transactions might have on the following public interest grounds:

  • A particular industrial sector or region;
  • Employment;
  • The ability of small businesses, or undertakings controlled or owned by historically
  • disadvantaged persons, to become competitive; and
  • The ability of national industries to compete in international markets.


The division must finalise its analysis/investigations within the prescribed time for the Commissions to make a determination in the time period prescribed in Section 45(1):

  • (a) within 30 days after the date on which the Commission receives that notification; or
  • (b) if the Commission requests further information), within 30 days after the date of receipt by the Commission of the information; or
  • (c) if a conference is convened in accordance with section 46, within 30 days after the date of conclusion of the conference.

MERGERS UNDER INVESTIGATION, FEBRUARY 2018

The Commission hereby provides you with mergers cases that were under investigation during February 2018.

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 Division
Namibian Competition Commission
P.O. Box 2104, Windhoek
269 Independence Avenue; BPI House; Mezzanine Floor
Tel: +264 61 22 46 22
Fax: +264 61 401900
Do note that the Commission considers any additional submission by stakeholders as confidential, thus feel free to provide any additional information you deem relevant to the proposed transaction.  Kindly make use of the Confidentiality Claim Form 1 (download from Template Forms slot on the website) should you wish to claim confidentiality on any information provided.

Section 45(2)

If the Commission is of the opinion that the period referred to in paragraph (a), (b) or (c) of subsection (1) should be extended due to the complexity of the issues involved it may, before expiry of that period, by notice in writing to the undertakings involved extend the relevant period for a further period, not exceeding 60 days, specified in the notice.

Since the inception of the Commission in December 2009, the Mergers & Acquisitions division has to-date handled in excess of 200 mergers.

GUIDELINES ON MERGERS AND ACQUISITIONS, April 2016

The Commission’s Mergers and Acquisitions Directorate developed Guidelines in the assessment of mergers in line with international best practice, such as the International Competition Network’s Merger Guidelines, SADC (Southern African Development Community) recommendations and other countries’ experiences. The Guidelines outline the general principles underpinning the Commission’s approach to merger analysis under Section 47 of the  Competition Act 2 of 2003.

Every merger involves a different set of facts and, therefore, the analysis of particular issues may need to be tailored to the specific circumstances of a merger or deal with competition issues not specifically considered in the guidelines. The Commission will therefore consider each merger with due regard to the particular circumstances of the case.

The Guidelines serve as a mechanism for administrative transparency, accountability, due process and aim to provide an enhanced level of predictability and certainty to merging parties, their advisors, the business community and the public. The Guidelines are not a substitute for the Act and Rules made thereunder and must be read in conjunction with the Act and Rules.

The Guidelines reflect the views of the Commission at the time of publication. Markets, economic theory, legal thinking and best practice evolve; thus, the Commission may revise the Guidelines from time to time to reflect developments.

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