Technical Overview

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

Events

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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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.

Extension of Due Date for Written Submissions on Draft Competition Bill

Dear Stakeholders Kindly note that the due date for the submission of written input on the Draft Competition Bill has been extended to 30 October 2020. All written submissions should be forwarded electronically, to email address: melissa.hanmer@nacc.com.na on or before 30 October 2020. For technical queries contact Ms Melissa Hanmer at the above mentioned email address or telephonically at 061-224622 (w).  Backgrou...

Invitation to Stakeholders Conference:Proposed Acquisition of Schwenk Cement by West China Cement

Invitation to attend and participate at the Stakeholders Conference on the proposed acquisition of shares in Schwenk Namibia PTY Ltd  (Ohorongo Cement) by West China Cement Ltd (WCC): The Commission hereby invites stakeholders to attend a stakeholders’ conference in terms of Section 46(1) of the Competition Act No.2 of 2003, that will be held on 9 July 2020, at 10h00 – 13h00 at the Namibian Competition Commission Offices, Windhoek. ...

Phase 2 COVID-19 Operational Measures

  Phase 2 COVID-19 Operational Measures:  Dear Stakeholders, Kindly note that, in accordance with the Regulations governing Phas...

Namibia Trade Forum, Producers, Distributors and Retailers Seek Exemption

  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, fr...

Input sought on Multilateral Agreement Exemption Application of PAN and Participating Banks

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) be...

Cautionary Notice to Retailers in Healthcare and Hygiene Sector

  1.    The Commission, through complaints and the general public, lear...

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