Enforcing the Competition Law in Namibia A Toolkit - cuts ccier

50 Mehta, Pradeep S., Competition and Regulation in India 2007, CIRC, Jaipur,200751 For further reading, see DiLorenzo (1992), The Myth of Predatory Pricing,Cato Policy Analysis No. 169, or 52 An essential facility may be defined as a facility or infrastructure, without accessto which competitors cannot provide services to their customers. An essentialfacility may exist either at the manufacturing (upstream) or distribution(downstream) level. Examples of essential facilities include technicalinformation, transport infrastructure (e.g., rail, port or airport) and pipelines/wire for the supply of water, gas, electricity or telecommunications services.53 Section 16 (1) of the Competition Act of Namibia54 The discussion in this section draws from International Competition Network(2006), Anti-Cartel Enforcement Manual (Chapter 2 – Drafting andImplementing an Effective Leniency Programme), Cartel Working Group –Subgroup 2: Enforcement Techniques55 Based on definitions from Wikipedia, the free encyclopaedia, at as on April 05, 200756 Ibid.57 Section 42 (1) of the Competition Act of Namibia58 http://en.wikipedia.org/wiki/Mergers_and_acquisitions#Acquisition59 The discussion in this section draw from Washington State University,NetTel@Africa Off-Line Content (2004), Mergers, Acquisitions and OtherCorporate Combinations, ICT Industry and Markets, p.53 of 73, available at60 Ibid.61 See: .62 The discussion in this section draws from Mehta, Nanda & Pham (2005),Multilateral Competition Framework: In Need of a Fresh Approach, CUTS,India63 This categorisation is borrowed from “Special Study on Trade and CompetitionPolicy” as included in Chapter Four of WTO Annual Report for 1997.64 It is important to note a particular case of (international) export cartel, which isnot included for discussion hereby, despite their makeup – the Organisation ofPetroleum Exporting Countries (OPEC). The oil cartel is supposedly outsidethe realm of antitrust action, as it is a sovereign activity of governments.65 Mehta (1999), Foreign direct investment, mega-mergers and strategic alliances:Is global competition accelerating development or heading towards worldmonopolies?. UNCTAD, The Role of Competition Policy for Development inGlobalising World Markets, UNCTAD Series on Issues in Competition Lawand Policy, Geneva, United Nations66 A section of the MRTP Act requiring government approval for acquisition ortransfer of shares in excess of 25 percent of a firm’s equity was simultaneouslymoved to the Companies Act and made applicable only to acquisition by“dominant” firms as defined in the MRTP Act (those with a market share ofone-fourth or more). This, however, does not apply to mergers and acquisitions.67 Nagesh Kumar (2000). Multinational enterprises and M&As in India: patternand implications. Paper presented at the UNCTAD Seminar on Cross-borderM&As and Sustained Competitiveness in Asia: Trends, Impacts and PolicyImplications (Bangkok), mimeo.ENDNOTESEnforcing the Competition Law in Namibia: A Toolkit 113