The Namibian Competition Commission (NaCC) is reviewing the merger notification thresholds and filing fees, with the proposed changes aimed at reducing the regulatory burden on smaller businesses.

Speaking at the stakeholder engagement, the Chief Executive Officer, Vitalis Ndalikokule, said the review will also bring Namibia's thresholds more in line with economic conditions and developments in the region.

Ndalikokule stated that for several years, businesses involved in mergers and acquisitions have been required to notify the Commission when transactions meet prescribed thresholds.

He further explained that economic conditions have changed since the thresholds were introduced, making a review necessary. The proposed adjustment is expected to increase the lower end of the notification threshold, meaning some smaller transactions may no longer require notification.

“The threshold is designed to exclude smaller transactions that do not significantly impact competition, allowing us to focus our efforts and resources on transactions that are more likely to have a meaningful effect on the competitive landscape.”

A Senior Researcher in the Economics and Sector Research Division at the Commission, Taimi Amunkete, stressed that the merger notification thresholds and filing fees have also become outdated over time.

Amunkete said the review examines historical data and trends over the past 10 years, while also considering international best practices and guidelines from institutions.

She further emphasised that N$30 million is the new proposed threshold for the assets or turnover of a target undertaking, up from the current N$15 million. NaCC Senior Researcher: Economic and Sector Division Taimi Amunkete explained.

"We primarily focused on analysing historical data to identify major trends in filing fees over the past 10 years. Additionally, we considered international best practices, referencing guidelines published by institutions like the International Competition Network."

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Jacobus Kaptein