Namibia Competition Commission (NaCC) has reached a settlement with PG Glass and five pharmacies for engaging in uncompetitive behaviour in their respective sectors. The entities have forked out over N$1 million as part of the settlement.
According to the investigation, PG Glass contravened the Competition Act by entering into exclusive agreements that gave them preferential rights, sole distribution rights, and rebates while waiving excess fees.
Meanwhile, the Pharmaceutical Society of Namibia (PSN) and close to 180 pharmacies were found to have contravened the Namibian Competition Act through price fixing.
As a result, the settlement amounts were imposed on the five pharmacies: Beulah Pharmacy, CeCe Otjo Pharmacy, Chrismed Pharmacy, JN Hyper Pharmacy, and Medimart Pharmacy.
“Five pharmaceutical companies and one windscreen retailer entered into respective settlement/consent agreements with the Namibian Competition Commission (NaCC) after investigations into alleged anticompetitive behaviour concluded that these entities were engaged in exclusive dealings,” said NaCC’s Director for Enforcement, Exemptions & Cartels Paulus Hangula.
Hangula further added: “These agreements, which provide a breakdown of the fines as well as compliance requirements for both the pharmaceutical companies and windscreen retailers’ cases are currently before the High Court of Namibia for litigation, with only one Respondent remaining on the windscreen matter.”
The settlement with the entities involved is viewed positively by NaCC, which encourages parties to take advantage of the opportunity provided to them under Section 40 of the Competition Act. This opportunity allows parties to resolve investigations amicably, thereby avoiding costly litigation.
The NaCC is a government entity entrusted with ensuring that all entities operating in Namibia comply with the Competition Act to promote a fair and competitive market.
