27 Nov 2025

This judgment concerns a case brought before the High Court of Namibia in which the Pharmaceutical Society of Namibia (PSN) and several of its members challenged the Namibian Competition Commission’s finding that they had contravened the Competition Act through the alleged enforcement of a uniform 50% mark-up on prescription medicines. After examining the investigative process, the evidence relied upon, and the procedural steps taken by the Commission, the Court found significant defects in how the Commission reached and published its decision. The Court held that the Commission had acted unlawfully by delegating investigative powers without proper authority, failing to disclose the evidence underpinning its conclusions, and not affording the applicants a fair and transparent process. As a result, the High Court set aside the Commission’s decision in its entirety and ordered the NaCC to pay the applicants’ legal costs.