Enforcing the Competition Law in Namibia A Toolkit - cuts ccier

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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
ENDNOTES68 http://ec.europa.eu/comm/competition/general_info/glossary_en.html69 See: Judgment of the Court of First Instance of 25.3.1999 in case T-102/96,Gencor Ltd v Commission, (1999) E.C.R., page II-0753, at paras. 89-926970 The Namibian Economic Policy Research Unit (NEPRU), 2003, CompetitionPolicy for Namibia Promoting Fair Competition and Economic Development,p.371 Continental Paper Bag Co. v. Eastern Paper Bag Co., 210 U.S. 405, 429 (1908)72 Competition policy for Namibia: promoting fair competition and economicdevelopment What are the challenges for creating and implementing an effectivecompetition policy?by Hartzenberg, T. Produced by: Namibian Economic Policy Research Unit(NEPRU), Namibia , 200373 This section is drawn from Pradeep S. Mehta (2003), Friends of Competition –How to build an effective competition regime in developing and transitioneconomies, CUTS, India74 Khemani, R. Shyam & M.A. Dutz, (196), The Instruments of Competition Policy& Their Relevance for Economic Development, PSD Occasional Paper No. 26(Washington, World Bank)75 Russell Damtoft, Federal Trade Commission, US in a personal communicationto Pradeep S Mehta, CUTS Secretary General76 CUTS (2003), Towards a Healthy Competition Culture, pp.4077 A Strong Deterrent Effect: http://www.archive.official-documents.co.uk/document/cm52/5233/523310.htm78 Michal Gal (2004), The Ecology of Antitrust Preconditions for CompetitionLaw Enforcement in Developing Countries, New York University Law andEconomics Working Paper No. 10/2004, Berkeley Electronic Press 79 www.nangof.iway.na/pages/members/nca.htm80 NEPRU Viewpoint No 62 /June 2007: http://nepru.traktiv.com/fileadmin/download/NEPRU_Viewpoints/QER_June07_Final.pdf81 Competition policy for Namibia: promoting fair competition and economicdevelopment What are the challenges for creating and implementing aneffective competition policy? by Hartzenberg, T. Produced by: NamibianEconomic Policy Research Unit (NEPRU), Namibia , 200382 This is particularly important in the case of South Africa, in so far as SouthAfrican firms play an extremely important role in many Namibian markets, andSouth Africa is not covered by the COMESA regional competition policy83 Preparing for a Competition Law: An Economic “Mapping out” of Cambodia(Draft final report), EU MULTRAP Project, Geoffrey Sumner, Consultant114 Enforcing the Competition Law in Namibia: A Toolkit
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CONTENTSPreface ...................
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LIST OF BOXESBox 1: An Overview of
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PREFACEI am pleased to write this p
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y the Korean Fair Trade Commission
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RBPs : Restrictive Business Practic
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INTRODUCTIONOver time, the Governme
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Section 26 of the Act defines abuse
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INTRODUCTION1.3 Country BackgroundN
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ABOUT THE MARKET ECONOMYsales and p
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3. MARKET AND COMPETITION3.1 Compet
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MARKET AND COMPETITIONare able to s
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MARKET AND COMPETITION3.3 Market Sh
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MARKET AND COMPETITIONCompetition p
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RESTRICTIVE BUSINESS PRACTICESmarke
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RESTRICTIVE BUSINESS PRACTICESAccor
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RESTRICTIVE BUSINESS PRACTICES4.3 E
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RESTRICTIVE BUSINESS PRACTICESappli
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for fixing prices, will refrain fro
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Any agreement, decision and concert
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• Agreeing with competitors that
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customers might be able to force a
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4.6 Vertical AgreementsVertical ant
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Box 12: Hungarian Book Publishers i
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RESTRICTIVE BUSINESS PRACTICESfor e
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Box 15. Manufacturer vs Manufacture
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Box 16: Tie-up Sales of Gas Stoves
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• directly or indirectly imposing
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Box 18: The Conduct of MTN of Charg
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Box 20: Predatory Practices in the
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Refusal to deal/supply is not expli
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A complaint file must include evide
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suppliers he tried said that they h
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information relating to the affairs
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A leniency policy describes the wri
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Page 80 and 81: 6.4 Control of MergersThe control o
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Page 88 and 89: The reasons for this recognition ma
Page 90 and 91: Box 30: The Graphite Electrodes Car
Page 92 and 93: Boeing convinced the EC to declare
Page 94 and 95: In India, for instance, in 1994, Hi
Page 96 and 97: 7.5 Dealing with Cross-border Issue
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Page 104 and 105: through payment of remuneration. Co
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Page 108 and 109: Table 1: Different Stages of Instit
Page 110 and 111: power in a fully integrated competi
Page 112 and 113: investigate managers and employees
Page 114 and 115: COMPETITION VS INTELLECTUAL PROPERT
Page 116 and 117: Namibian Consumer’s Association (
Page 118 and 119: In addition to the above-mentioned,
Page 120 and 121: staff while gaining practical exper
Page 122 and 123: To conclude, the Competition Act is
Page 124 and 125: ENDNOTES1 Available at www.cuts-int
Page 128: Enforcing the Competition Law in Na
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