The Namibian Competition Commission (NaCC), in collaboration with the United Nations Development Programme (UNDP), is conducting a study to assess the impact of the Supreme Court's judgement on the Commission's jurisdiction over the Namibia Association of Medical Aid Funds (NAMAF) , medical professionals, and consumers.

In 2017, the Supreme Court ruled that NaCC does not have the mandate nor the jurisdiction to impose Section 23 of the Competition Act, which prohibits restrictive business practises.

The Supreme Court said in the judgement that medical aid funds are not undertaken within the meaning of the Competition Act and that the Commission does not have jurisdiction over them.

Thus, the Commission cannot, through the current Competition Act, impose Section 23, which prohibits restrictive practises on medical aid funds and on the Namibia Association of Medical Aid Funds (NAMAF), until it is amended.

These include issues related to establishing, publishing, and announcing NAMAF benchmark tariff guidelines.

A study on the country's private healthcare sector carried out by the Commission indicates that, although a Bill exists that seeks to address most of these shortcomings, It has yet to be finalised and enacted into law.

The Commission recommends that the term 'undertaking' be revised in the Competition Act to restore its mandate for effective promotion and to enforce fair competition.