The Namibian Competition Commission (NaCC) says it has reviewed nearly 900 mergers in the past 15 years, with 763 approved without conditions, 77 approved with conditions, and eight prohibited.
An additional 21 mergers were withdrawn or found not to be notifiable, and penalties totaling N$1.6 million were imposed.
NaCC’s Director of Enforcement, Exemption, and Cartels division, Paulus Hangula, revealed the commission has observed a trend in the rise of cartel activity, with Chapter 3 cases (prohibited agreements) increasing year on year.
He said the NaCC has undertaken major investigations into cartels within the insurance sector, which had 82 respondents, and over 200 pharmacies implicated in price-fixing, as well as the banking, automotive, and telecommunication sectors.
“We have observed an upward trajectory of these activities, and we project that this is going to continue both for Chapter 3 cases as well as matters before the court,” he said.
He further explained that beyond enforcement actions, the NaCC has also issued over 144 interventions to relevant authorities aimed at enhancing market transparency.
He said the NaCC has levied a total of N$56 million in penalties for prohibited conduct since its inception in 2009.
Hangula said the number of investigations launched has steadily increased, with 44 investigations initiated in the past year alone.
“Currently, there are eight cases under investigation and six cases pending before the courts,” he said.
He said the Commission collaborates with other relevant regulatory bodies when they identify potential concerns within a market, even if there isn’t clear evidence of a direct competition law violation.
“For example, in the financial sector, we may engage with the Namibia Financial Institutions Supervisory Authority (NAMFISA) or the Bank of Namibia. Additionally, we may collaborate with relevant ministries within the Government of the Republic of Namibia. Through this collaborative approach, we can propose interventions aimed at improving market practices and addressing identified issues,” he said.
