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Observations on the Competition Toolkit of Namibia

Observations on the Competition Toolkit of Namibia. Omu Kakujaha-Matundu Namibian Competition Commission (NaCC) Presented at CUTS workshop: Promoting a Healthy Competition Culture in SSA Gaborone, Botswana 14-15 February 2008. Introduction.

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Observations on the Competition Toolkit of Namibia

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  1. Observations on the Competition Toolkit of Namibia Omu Kakujaha-Matundu Namibian Competition Commission (NaCC) Presented at CUTS workshop: Promoting a Healthy Competition Culture in SSA Gaborone, Botswana 14-15 February 2008

  2. Introduction • Toolkit: An important guide to competition policy in Namibia for competition authority officials and administrators + others • Difficulty: no-one has used it (yet) and that makes it difficult to solicit comments • Received good reception and commented by few reviewers as very useful • Some general comments will be in order

  3. Toolkit: A Useful Tool • A great advocacy tool • NaCC to embark on information drive soon • Information from toolkit to be used for information pamphlets • The Boxes contain very illustrative and useful casestudies

  4. Theoretical exposition • Very useful – improves conceptual understanding to competition • Definition of terms which are left vague in the Act has been defined and elaborated • E.g., “relevant market” (pp 13-15): which is not defined in Act is offered with some examples with ref. to product & geographic market and time period • p12: Reference to Namibia as single party state is not clear (para 5)

  5. Toolkit on The Namibian Act • One would recommend that the Toolkit do not bring out gaps/loopholes in the law which can be to the advantage of other parties • Separate recommendations can be made for the amendment or clarification of the particular sections [e.g., section 27 (1) pp 20 – 21 & p50 on section Section 33 (3)]:

  6. Interpretation of Namibian Act • P21 “The unclear formulation of the section 27 may cause confusion concerning the exemption from the provision of Part II (Exemption from the abuse of dominant position)…” • P50 (para 4) under Detection of Violations which refers to: “Section 33 (3) requiring that the Commission must in writing give notice of the proposed investigation…constitute a huge obstacle in investigation of anticompetitive practices.”

  7. Interpretation of Namibian Act • Similarly, Section 10 (p 87) A suggested framework for Namibia should not form part of the toolkit but submitted as separate recommendations for possible amendment of the Act

  8. Conclusions • Toolkit is a very useful tool • Could be improved on with time as more people start using it • Specific loopholes in the Act should not be included in the toolkit • Section 10 should be submitted as separate recommendations to the Namibian authority

  9. Thank you very much for your attention!

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