The following Competiton guidance note Produced in partnership with Norton Rose Fulbright South Africa provides comprehensive and up to date legal information covering:
A conversation with Jason van Dijk, director at regional law firm Norton Rose Fulbright South Africa on key issues on merger control in Namibia.
NOTE–to see whether notification thresholds in Namibia and throughout the world are met, see Where to Notify.
The Namibian Competition Commission (the Commission) appointed external legal advisors to review the Competition Act and Rules and propose amendments in 2014 as the Commission had identified several aspects of the legislation which may require amendment. These include clarifying the definition of an undertaking; defining dormant or shelf companies as an undertaking—including a definition of a non-trading undertaking and clarifying whether mergers with these entities are notifiable; including a definition for joint control; including a requirement for merging undertakings to provide their annual financial statements to the Commission; extending the application of consent agreements to unauthorised mergers and extending the powers of the Commission to investigate mergers and call for additional information from merging undertakings.
The Commission is in the process of finalising the draft Bill on the review of the Competition Act No.2 of 2003. This will be submitted to the Ministry of Industrialisation, Trade and SME Development later in 2018.
In March 2017, certain amendments to the Rules under the Competition Act were gazetted. Key amendments to the Rules include increases in merger filing fees and exemption fees, as well as the inclusion of a NAD 5,000 fee payable to the Commission for issuing a non-binding advisory opinion.
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