https://www.dropbox.com/s/mid9xkd6u5nc5l3/Newsletter%20Vol%205%20No%204.pdf?dl=0
https://www.dropbox.com/s/9kyypnuvyb1pjbm/Newsletter%20Vol%205%20No%203%202016.pdf?dl=0
Dear Stakeholders, in this edition of our official newsletter, we provide you insight on corporate leniency policy; the harmfulness of cartels; and other pertinent compliance issues.
https://www.dropbox.com/s/cegdnjc6h8p2n1n/NaCC_Newsletter_Vol%205%20No%202_2015.pdf?dl=0
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Dear Stakeholders,
The latest edition of the Commission's official newsletter concludes the two-fold write-up on the Chief Executive Officer's Foreword, focusing on the new strategic plan; review of the Competition Act 2 of 2003 and relevance of the Commission in improving competition in different sectors of the economy. As usual, we bring you news on mergers and acquisitions as well as case investigations into alleged restrictive business practices. Research forms an integral part of the Commission's operations and as such we provide you with a summary of the results of the Retail Sector Inquiry and policy recommendations made in that regard.
Kind regards
Edition Vol 4 No.4 of the Commission's official newsletter provides more insight into competition law enforcement, as implemented by the NaCC. New Commissioners have been appointed to oversee the governance of the Commission. Renowned Advocate, Dr Sackey Akweenda has been appointed to the seat of Chairman on the Board of Commissioners. Mr Gideon Martin Luther Shilongo and Ms Teresia Kaulihowa form membership of the Board together with current Commissioners Mr Nghidinua Daniel and Ms Malverene Theron.
Mr Mihe Gaomab II, the Chief Executive Officer, through his visionary leadership provides the foreword which details the formative years of the Commission and highlights developments as dictated by the growth of the Commission. This is a two-fold foreword.
We also focus on significant cases pertaining to mergers and acquisitions as well as case investigations into restrictive business practice and the outcome thereof. The articles outline steps/procedures followed in handling these cases and what factors contributed to the Commission reaching the decisions it made on the respective cases.
It is only befitting to inform our stakeholders on the Commission’s power to investigate contraventions of the Act. Section 33 of the Act empowers the Commission to either initiate or based on information provided by a complainant,investigate alleged infringements of the law.
One of our strategic objectives is stakeholder engagement and we hope through this newsletter that you, as our stakeholders, are provided with information that will bring about a better understanding of competition regulation in Namibia.
Volume 4, No.3 of the Commission's Newsletter places strong emphasis on how the market, and market forces at play, can influence consumer welfare and how these issues fit into the scope of the Commission, in its implementation of the Competition Act No.2 of 2003.
Edition two of the Commission's quarterly newsletter focuses on the importance of competition law in Africa and its relevance for Namibia; intellectual property rights protection in relation to the competition law; aspects of collusive tendering and its impact on the economy; guidelines on how to file a complaint; and mergers and acquisitions update.
Dear Readers,
The Commission is refreshed in its resolve to continue the good fight of fair and sound competition, knowing that you, its stakeholders, are placing expectations on the institution to do better and to achieve greater results in promoting its ultimate goal: consumer welfare.
In striving to effectively carry out its mandate, the Commission continuously reviews its programmes and strategies, and therefore, in this issue, our Chief Executive Officer, Mr. Mihe Gaomab II, explores the areas of focus for the Commission to further reach its set objectives to enforce the Competition Act 2 of 2003.
The article on Insight into the Commission provides information on developments within the Commission as well as where we are and where we are heading. Within its short period of existence, the Commission has reached
incredible milestones and crossed many bridges in order to enforce the law and continues to go from strength to strength. In this regard, the Commission is thankful to its stakeholder, the line Ministry of Trade and Industry (MTI), for providing guidance and resources for the Commission to carry out its mandate.
There is a strong interface between competition and corruption, as corruption is an anti-competitive practice that impacts negatively on the ultimate goal of providing everyone a chance to acquire the kind of services or goods they wish to obtain in a fair manner. Corruption has the ability to destroy economies, therefore the Commission analyses, in its article on Corruption and Competition, how these subjects are related.
The Commission has been tasked by MTI to formulate a retail charter that will ensure that local produce is fairly treated, similar to foreign goods. We explain the role the Commission played in the drafting of the charter.
The thorny issue of the phasing out of garage / fuel cards is being closely monitored by the Commission, and since consumers’ welfare lies close to the heart of the Commission, and is the sector that will ultimately be impacted by this change, the Commission explains its stance in this matter.
Also in this issue we ask the question: “Why does excessive pricing matter?” The answer to this is provided by our law officer, Mr Bernhard Tjatjara, in the article titled Excessive Pricing Under the Competition Act.
The Commission made certain determinations on some of the mergers and acquisitions that were filed. The outcomes thereof are also noted in this edition.
The Commission was established to ensure fair competition in order for all market players to have a fair chance to enter the market of their choice as well as to compete fairly without pushing each other out of business.
The Commission continues to keep a watchful eye on the activities within the different economic sectors of the country in order to ensure that all players comply with the law. Thus, the Commission not only enforces the law but also advocates to various sectors of society on the benefits of competition and what a ‘competition culture’ means to ensure that we are all well acquainted with the law which governs our competition space for the economic development of the country.
We encourage all our stakeholders to continue to participate in the activities of the Commission, and in doing so, help us to deepen our enforcement efforts.
Kind regards
Dina Gowases
Editor
It is with immense pleasure that we present to you the Commission’s first newsletter for the year. We would like to thank all stakeholders for taking interest in the function and role of the Commission and taking the time to congregate with us for workshops, gatherings or meetings whenever called upon. We also want to thank the media
for providing coverage of the events hosted by the Commission, at times on short notice. And on that note, we wish you all a great year ahead!