Observations on the Competition Toolkit of Namibia

Omu Kakujaha-MatunduNamibian Competition Commission (NaCC)

Presented at CUTS workshop: Promoting a Healthy Competition Culture in SSA

Gaborone, Botswana14-15 February 2008

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

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

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)

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)]:

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.”

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

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

Thank you very much for your attention!