Mergers & Acquisitions

Mergers determination No. 1 of 2024 03 April 2024_

On Wednesday, 03rd of April 2024, the Namibian Competition Commission (“the Commission”) held its Technical Board meeting to review and make decisions on matters brought before the Commission by members of the public and corporate applicants under the Competition Act (2 of 2003). Below are the Board decisions on mergers presented at the meeting.

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.