Description of Activities

Description of transaction: The Commission resolved to approve with conditions the acquisition by Daniel Nicolaas van Wyk and Melanie van Wyk of interest in Toshari Lodge CC. The Transaction was notified to the Commission on 30th of August 2024, and the merger was determined on 26th of September 2024. 

Acquiring group: The acquiring group (Daniel Nicolaas van Wyk and Melanie van Wyk) is in the business of accommodation, meals, drinks, and entertainment such as game drives.

Target undertaking: The target undertaking, Toshari Lodge CC operates a lodge which provides accommodation, meals, drinks, and entertainment such as game drives.

Relevant market: The Secretariat defined the relevant product market as the provision of accommodation, meals, drinks, and entertainment such as game drives, to tourists.

Merger Determination

The Commission found the proposed transaction unlikely to result in the prevention or substantial lessening of competition; does not result in any undertaking acquiring or strengthening a dominant position in any market. However, the proposed merger does raise public interest concerns, especially employment and the attainment of approval from the Minister of Agriculture, Water and Land Reform. Thus, the Commission approved the merger subject to the following conditions: employment and attainment of approval from the Minister of Agriculture, Water and Land Reform.

However, as stated under section 50 of the Act, this approval does not relieve parties from complying with any other mandatory statutory approvals that any of the parties to this merger must comply with under Namibian Laws.