- PART 1 DEFINITIONS AND OFFICE FUNCTIONS OF COMMISSION (rules 1-4)
- PART 2 DELIVERY OF DOCUMENTS (rules 5-9)
- PART 3 ACCESS TO RECORDS OF COMMISSION (rules 10-12)
- PART 4 COMPLAINT PROCEDURES (rules 13-20)
- 13 Information concerning alleged restrictive practices
- 14 Complaints initiated by Commission
- 15 Complaints by persons other than Commission
- 16 Notice of proposed investigation and notice to furnish information to, or produce any document or article to, or to appear before Commission
- 17 Notice of proposed decisions of Commission
- 18 Notice of action to be taken under section 38 and institution of proceedings in Court
- 19 Application to Court for interim order
- 20 Notice of consent agreement to be submitted to Court for confirmation as an order of the Court and application to Court for confirmation of agreement of settlement as order of the Court
- PART 5 EXEMPTION APPLICATIONS AND PROCEDURES (rules 21-26)
- 21 Applications for exemption in respect of certain restrictive practices
- 22 Revocation or amendment of exemption or revocation of certificate of clearance
- 23 Applications for exemption in respect of intellectual property rights
- 24 Revocation or amendment of exemptions contemplated in section 30 of Act
- 25 Application for exemption in respect of professional rules
- 26 Revocation of exemptions as contemplated in section 31 of Act
- PART 6 MERGER PROCEDURES (rules 27-33)
- 27 Merger parties and participants
- 28 Merger notice requirements
- 29 Notification of merger investigation
- 30 Notice of determination made by Commission in relation to proposed merger
- 31 Revocation of approval of proposed merger
- 32 Notice of application for review of decisions of Commission on mergers by Minister and notice of determination
- 33 Application to Court in terms of section 51
- PART 7 MISCELLANEOUS (rules 34-37)
- ANNEXURE A
COMPETITION ACT 2003
Act No2 OF 2003
RULES
The Namibian Competition Commission, under section 22 of the
Competition Act, 2003 (Act 2 of 2003), with the approval of the
Minister of Trade and Industry, has made the rules set out in the
Schedule.
D.F. REISSNER
Chairperson
Namibian Competition Commission
SCHEDULE
ARRANGEMENT OF RULES
PART 1
DEFINITIONS AND OFFICE FUNCTIONS OF COMMISSION (rules 1-4)
1 Definitions
2 Office hours and address of Commission
3 Time limits
4 Assigning of functions and powers by
Commission
PART 2
DELIVERY OF DOCUMENTS
5 Delivery of documents
6 Filing of documents
7 Fees
8 Form of notices, applications,
certificates and receipts
9 Contents of notices in Gazette
PART 3
ACCESS TP RECORDS OF COMMISSION
10 Confidential information
11 Right of informants to claim
confidentiality or request restricted access
12 Access to information
PART 4
COMPLAINT PROCEDURE
13 Information concerning alleged restrictive
practices
14 Complaints initiated by Commission
15 Complaints by persons other than
Commission
16 Notice of proposed investigation and
notice to furnish information to, or produce any document or article
to, or to appear before Commission
17 Notice of proposed decisions of Commission
18 Notice of action to be taken under section
38 and institution of proceedings in Court
PART 5
EXEMPTION PROCEDURES
19 Application to Court for interim order
20 Notice of consent agreement to be
submitted to Court for confirmation as an order of the Court and
application to Court for confirmation of agreement of settlement as
order of the Court
21 Applications for exemption in respect of
certain restrictive practices
22 Revocation or amendment of exemption or
revocation of certificate of clearance
PART 6
MERGER PROCEDURES
23 Applications for exemption in respect of
intellectual property rights
24 Revocation or amendment of exemptions
contemplated in section 30 of Act
25 Applications for exemption in respect of
professional rules
26 Revocation or amendment of exemptions
contemplated in section 31 of Act
27 Merger parties and participants
28 Merger notice requirements
29 Notification of merger investigations
30 Notice of determination made by Commission
in relation to proposed merger
31 Revocation of approval of proposed merger
32 Notice of application for review of
decisions of Commission on mergers by Minister and notice of
determination
33 Application to Court in terms of section
51
PART 7
MISCELLANEOUS
34 Requirements for small undertaking
35 Financial year of Commission
36 Criteria to be applied for determining
dominant position in market
37 Notice from chairperson of Commission
AnnexureA: Index to Forms and Forms
AnnexureB: Categories of Small
Undertakings
PART 1
DEFINITIONS AND OFFICE FUNCTIONS OF COMMISSION (rules 1-4)
1 Definitions
(1) In these Rules, unless the context otherwise
indicates, any word or expression to which a meaning has been
assigned in the Act has that meaning, and-
"certified copy" means a copy of a document certified by
a Commissioner of Oaths;
"complaint" means-
(a) a matter initiated by the Commission under section 33
of the Act; or
(b) a matter that has been submitted to the Commission
under section 33 of the Act, and accepted by the Commission under
rule 15(2)(a);
"confidential information" means-
(a) information in the possession of the Commission in
respect of which a claim has been made asserting that it is
confidential information; or
(b) other information in the possession of the Commission
that is restricted in terms of rule 10, 11 or 12;
"deliver" means to serve and file;
"file", when used as a verb, means to deposit with the
Commission;
"merger notice" means a notification required in terms
of section 44 of the Act;
"public holiday" means a public holiday referred to in
section 1 of the Public Holidays Act, 1990 (Act 26 of 1990);
"restrictive practice" means a practice prohibited in
terms of Chapter 3 of the Act;
"the Act" means the Competition Act, 2003 (Act 2 of
2003).
2 Office hours and address of Commission
(1) Subject to subrule (2), the offices of the
Commission are open to the public every Monday to Friday, excluding
public holidays, from 08:30 to 13:00 and from 13:30 to 15:30.
(2) The Commission may in exceptional circumstances
accept documents for filing on any day and at any time within office
hours.
(3) Subject to rules 5 and 6, any communication to the
Commission, or to a member of the staff of the Commission, may be-
(a) delivered by hand to The Namibian Competition
Commission, at ................................. Windhoek, Namibia;
(b) mailed by post to The Namibian Competition Commission,
Private Bag, ....................... Windhoek, Namibia;
(c) communicated by telephone at (09264)
(61).........................................;
(d) transmitted by fax at (09264) (61)
.........................................; or
(e) transmitted by electronic mail to
.................................................
3 Time limits
(1) If-
(a) a particular number of days are prescribed for doing an
act, the number of days must be calculated by excluding the first
day and including the last day;
(b) the time for doing an act expires on a public holiday,
a Saturday or a Sunday, the act may be done on the next day that is
not a public holiday, a Saturday, or a Sunday;
(c) a particular number of days are prescribed for doing an
act, the number of days must be calculated by excluding the first
day and including the last day, but public holidays, Saturdays and
Sundays are not included in the calculation of days.
(2) On good cause shown, the Commission may condone late
performance of an act in respect of which these Rrules prescribe a
time limit, other than a time limit that is binding on the
Commission itself.
4 Assigning of functions by Commission
The Commission may in writing assign any function of the Commission
to a member of the staff of the Commission, either generally or in
connection with a particular matter.
PART 2
DELIVERY OF DOCUMENTS (rules 5-9)
5 Delivery of documents
(1) A notice or document that is required to be
delivered may be filed or served in any way permitted or required by
the Act or these Rules.
(2) If, in a particular matter, it proves impossible to
deliver a document in any manner provided for in the Act or these
Rules, the person concerned may apply to the Commission for an order
of substituted service.
(3) Subject to rule 2(2), if a date for the delivery of a
document in terms of or
under the Act or these Rules falls outside the office hours of the
Commission as set out in rule 2(1), that document is deemed to have
been delivered on the next business day.
(4) A document that is delivered by fax must include a
cover page, and a document that is transmitted by electronic mail
must be accompanied by a cover message, in either case setting out-
(a) the name, address, and telephone number of the sender;
(b) the name of the person to whom it is addressed, and the
name of that person's representative, if it is being sent to the
representative of a person;
(c) the date and time of the transmission;
(d) the total number of pages sent, including the cover
page; and
(e) the name and telephone number of the person to contact
if the transmission appears to be incomplete or otherwise
unsuccessful.
(5) Despite this rule, if, in terms of rule 7, a filing
fee is required in respect of a document that has been filed, that
document is deemed to have been filed-
(a) on the date and at the time of delivery, or determined
by subrule (2), if applicable, provided that the filing fee is paid
to the Commission within 5 days of that time; or
(b) when the filing fee is received by the Commission, if
later.
6 Filing of documents
(1) The Commission must assign distinctive case numbers
to each-
(a) complaint;
(b) application; or
(c) merger notice.
(2) The Commission may combine two or more complaints
under a common investigation if they concern substantially the same
conduct by the same undertaking.
(3) The Commission must ensure that every document
subsequently filed in respect of the same proceedings is marked with
the same case number.
(4) The Commission may refuse to accept a document,
subsequently filed in respect of the same proceedings, that is not
properly marked with the assigned case number.
7 Fees
(1) The Commission may not charge a fee to any person
for filing a complaint.
(2) Subject to subrule (3), the fee for filing an
application with the Commission-
(a) for a single exemption is N$5 000, plus an annual fee,
payable in advance, equal to N$500 times the number of years for
which the exemption is granted;
(b) for a category exemption is N$100 000, plus an annual
fee, payable in advance, equal to N$l 000 times the number of years
for which the exemption is granted; or
(c) for an exemption contemplated in section 31 of the Act
is N$ 100 000.
(3) If an application is refused in terms of rule
21(4)(b), or rule 23(4)(b) or an advice is given in terms of rule
21(6), the Commission must refund the applicant the annual fee paid
in respect of that application.
(4) The fee for filing a merger notice is-
(a) N$l 500, if the combined figure is valued below N$50
million;
(b) N$5 000, if the combined figure is valued at or above
N$50 million, but less than N$65 million; or
(c) N$25 000, if the combined figure is valued at or above
N$65 million, but less than N$75 million; or
(d) N$50 000, if the combined figure is valued at or above
N$75 million, but less than N$100 million;
(e) N$125 000, if the combined figure is valued at or above
N$100 million, but less than N$1 billion;
(f) N$250 000, if the combined figure is valued at or
above N$l billion, but less than N$3,5 billion; or
(g) N$500 000, if the figure is valued at or above N$3,5
billion.
(5) For the purposes of subrule (4)-
(a) "combined figure" means the greater of-
(i) the combined annual turnover in Namibia of the
acquirer and the target;
(ii) the combined assets in Namibia of the acquirer
and the target;
(iii) the annual turnover in Namibia of the acquirer
plus the assets in Namibia of the target; or
(iv) the assets in Namibia of the acquirer plus the
annual turnover in Namibia of the target; and
(b) annual turnover and assets must be calculated in
accordance with the notice published by the Minister in terms of
section 24 of the Act.
(6) For the purpose of subrule (5)-
(a) "acquirer" means the total of all the undertakings that
are acquiring undertakings in respect of that merger, as defined in
rule 27(1)(a); and
(b) "target" means the total of all the undertakings that
are target undertakings in respect of that merger, as defined in
rule 27(1)(b).
(7) The Commission may charge a fee of N$l per A4-size
page or part thereof to any person wishing to copy a record in the
possession of the Commission and N$2 each for the Commission's
certification on copies of documents.
8 Form of notices, applications, certificates and receipts
If a notice, application, certificate or receipt is required in
terms of the Act or these Rules, the document must be substantially
in the form of the appropriate Form contained in Annexure A.
9 Contents of notices in Gazette
If the Commission is required, in terms of the Act or these Rules,
to publish a notice in the Gazette, that notice must contain at
least the following information-
(a) the name of any undertaking or other person directly
affected by the notice;
(b) the file number assigned by the Commission to the
relevant matter;
(c) the provision of the Act or rules in terms of which the
notice is required;
(d) a brief and concise description of the nature of the
relevant matter;
(e) if the notice invites submissions, the last date on
which submissions may be received;
(f) if the notice reports a decision-
(i) a brief and concise description of the nature
of the relevant decision;
(ii) a statement indicating whether reasons for the
decision have been published, and if so, how a copy of those reasons
may be obtained; and
(iii) a statement of any right of review of that
decision, including the period during which a review may be lodged;
(g) the name, address, and contact numbers of the person in
the Commission responsible for publishing the notice.
PART 3
ACCESS TO RECORDS OF COMMISSION (rules 10-12)
10 Confidential information
(1) A complaint and any information received by the
Commission during its investigation of the complaint are regarded
confidential information.
(2) An application and any information received by the
Commission during its consideration of the application, or
revocation of an exemption granted to the applicant, are regarded
confidential information only to the extent provided for in rule 11.
(3) A statement relating to merger information and any
information annexed to it, or received by the Commission during its
investigation of that merger, are regarded as confidential
information.
11 Right of informants to claim confidentiality or request
restricted access
(1) When submitting information to the Commission, a
person may identify information that the person claims to be
confidential information, but must support that claim at the same
time with a written statement in the form of Form 1, explaining why
the information is confidential.
(2) If a person makes a claim in terms of subrule (1),
the Commission may agree to be bound by that claim without
determining whether or not the information is confidential
information.
(3) Information that is the subject of a claim in terms
of subrule (1) is confidential information-
(a) from the time that the claim is made, until the
Commission has determined whether it is confidential information;
and
(b) only to the extent that the Commission has accepted the
claim upon determination under paragraph (a).
(4) If a person has requested under rule 13(2) that the
Commission treat his or her identity or any other person's identity
as confidential information-
(a) the Commission must accept that request; and
(b) that information is restricted unless the person
subsequently waives the request in writing.
12 Access to information
(1) Any person may inspect or copy upon payment of the
fee prescribed for a copy in rule 7(7), any record of the
Commission's proceedings in terms of Chapters 3 or 4 of the Act-
(a) if it is not confidential information; or
(b) if it is confidential information, to the extent
permitted, and subject to any conditions imposed by this rule or an
order of the Court.
(2) In a particular complaint the Commission may release
to the respondent confidential information, other than confidential
information relating to-
(a) a possible agreement of terms of an appropriate order;
or
(b) the consent of a complainant for an order to include an
award of damages.
(3) In addition to the provisions of subrule (1) and
(2), the Commission may release confidential information to, or
permit access to it by, the following persons-
(a) the person who provided that information to the
Commission;
(b) the undertaking to whom the confidential information
belongs;
(c) a person who requires it for a purpose mentioned in
section 55(2)(a) or (b) of the Act;
(d) a person mentioned in section 55(2)(c) of the Act;
(e) the Minister, if the information concerns a merger; or
(f) any other person, with the written consent of the
undertaking to whom the information belongs.
(4) If the Commission submits any information to the
Minister, the Commission must identify to the Minister any
information included in its submission-
(a) in respect of which a claim has been made in terms of
rule 11(1), that has not yet been determined by the Commission; or
(b) that has been finally determined to be confidential
information.
(5) Subject to subrule (6), when making any decision in
terms of the Act or these Rules, the Commission may take
confidential information into account in making its decision.
(6) If the reasons of the Commission for a decision
contemplated in subrule (5) would reveal any confidential
information, the Commission, after publishing its decision in the
matter, must provide a copy of the proposed reasons to the party
concerned at least 10 days before the publications of the reasons.
PART 4
COMPLAINT PROCEDURES (rules 13-20)
13 Information concerning alleged restrictive practices
(1) A person may provide information concerning an
alleged restrictive practice to the Commission in any manner and at
any time, whether or not a complaint has been initiated concerning
those allegations.
(2) A person who provides information in terms of
subrule (1) may request that the Commission treat his or her
identity as confidential information, but that person may be a
complainant in the relevant matter only if he or she subsequently
waives the request in writing.
14 Complaints initiated by Commission
The Commission may initiate a complaint at any time-
(a) in respect of a matter that is within its power; and
(b) within the time period contemplated in section 57 of
the Act.
15 Complaints by persons other than Commission
(1) A person other than the Commission may submit a
complaint to the Commission by filing a completed Form 2, if-
(a) the complaint is in respect of a matter that is within
the scope of the Act;
(b) the complaint is, in terms of section 57 of the Act,
done within three years from the date the infringement has ceased;
(c) the complaint is not frivolous; and
(d) the Commission has not initiated or has not already
accepted a complaint in respect of that practice.
(2) Upon receiving a complaint in terms of subrule (1),
the Commission may-
(a) accept it as a complaint in terms of section 33 of the
Act; or
(b) notify, in the form of Form 3, the person who made the
complaint that the Commission has decided not to conduct an
investigation, and inform the person of the reasons for that
decision.
(3) A person whose complaint under subrule (1) has been
accepted may withdraw that complaint at any time before the matter
has been referred to the Court as contemplated in section 38 of the
Act, if applicable, but the Commission may continue to investigate
that matter as if the Commission had initiated the complaint as from
the date the complaint was originally accepted.
16 Notice of proposed investigation and notice to furnish
information to, or produce any document or article to, or to appear
before Commission
(1) If the Commission on its own initiative or upon
receipt of information or a complaint from any person, decides to
conduct an investigation as contemplated in section 33, it must in
the form of Form 4 give notice of the proposed investigation to
every undertaking the conduct of which is to be investigated.
(2) A notice to a person to-
(a) furnish information to;
(b) produce any document or article to; or
(c) to appear before,
the Commission as contemplated in section 33(4) of the Act must be
in the form of Form 5.
(3) A notice contemplated in subrule (1) must be served
as follows-
(a) to the person concerned at his or her place of work or
residence;
(b) if the person concerned is not at his or her place of
work or residence, to any person apparently not less than 16 years
of age at the place of work or residence of the person concerned; or
(c) by registered post addressed to the postal address of
the person concerned.
17 Notice of proposed decisions of Commission
A notice containing a proposed decision of the Commission as
contemplated in section 36(1) of the Act must be in the form of Form
6.
18 Notice of action to be taken under section 38 and
institution of proceedings in Court
(1) The Commission must give notice in the Gazette in
the form of Form 7 of any action which it wishes to take under
section 38 of the Act.
(2) Any proceedings which the Commission wishes to
institute in the Court as contemplated in section 38(1) of the Act
must be in the form of Form 8.
19 Application to Court for interim order
An application to the Court for an interim order as contemplated in
section 39(1) of the Act must be in the form of Form 9.
20 Notice of consent agreement to be submitted to Court for
confirmation as an order of the Court and application to Court for
confirmation of agreement of settlement as order of the Court
(1) The Commission must give notice in the Gazette in
the form of Form 10 of any consent agreement referred to in section
40 of the Act to be submitted to the Court for confirmation as an
order of the Court.
(2) An application to the Court for confirmation of an
agreement of settlement as an order of the Court as contemplated in
section 40(1) of the Act must be in the form of Form 11.
PART 5
EXEMPTION APPLICATIONS AND PROCEDURES (rules 21-26)
21 Applications for exemption in respect of certain restrictive
practices
(1) An application for exemption as contemplated in
section 27(1) of the Act must be in the form of Form 12.
(2) Upon receiving an application in terms of section 27
of the Act, the Commission must give notice of receipt of the
application in the Gazette in the form of Form 13.
(3) The Commission may request further information from
any person who has submitted a representation in response to a
notice published in terms of subrule (2).
(4) If the Commission-
(a) grants an exemption in terms of section 28(1) of the
Act, it must issue to the applicant an exemption certificate in the
form of Form 14;
(b) refuses to grant an exemption in terms of section 28(1)
of the Act, it must issue to the applicant a notice of refusal to
grant exemption in the form of Form 15.
(5) The Commission must publish in the Gazette a notice
in the form of Form 16 of its decision referred to in subrule 4(a)
or (b), setting out the section of the Act in terms of which the
exemption was granted or refused.
(6) If the subject matter of the application concerned
appears not to constitute an infringement of the Part I or the Part
II prohibition as contemplated in section 28(1)(c) of the Act, the
Commission must issue to the applicant a certificate of clearance in
the form of Form 17.
22 Revocation or amendment of exemption or revocation of
certificate of clearance
(1) If the Commission proposes to revoke or amend an
exemption or to revoke a certificate of clearance under section
29(1) of the Act, the Commission must give notice of the proposed
action in the form of Form 18-
(a) to the person to whom the exemption was granted or the
certificate of clearance was issued; and
(b) to any other person who, in the opinion of the
Commission, is likely to have an interest in the matter.
(2) The Commission must issue a revocation or amendment
of an exemption or a revocation of a certificate of clearance in the
form of Form 19.
(3) An application to the Court for a pecuniary penalty
under section 29(3) of the Act must be in the form of Form 20.
23 Applications for exemption in respect of intellectual
property rights
(1) An application for exemption in respect of
intellectual property rights as contemplated in section 30(1) of the
Act must be in the form of Form 21.
(2) Upon receiving an application in terms of section 30
of the Act, the Commission must give notice of receipt of the
application in the Gazette in the form of Form 22.
(3) The Commission may request further information from
any person who has submitted a representation in response to a
notice published in terms of subrule (2).
(4) If the Commission-
(a) grants an exemption under section 30(1) of the Act, it
must issue to the applicant an exemption certificate in the form of
Form 23;
(b) refuses to grant an exemption under section 30(1) of
the Act, it must issue to the applicant a notice of refusal to grant
exemption in the form of Form 24.
(5) The Commission must publish in the Gazette a notice
in the form of Form 25 of its decision referred to in subrule 4(a)
or (b), setting out the section of the Act in terms of which the
exemption was granted or refused.
(6) If the subject matter of the application concerned
appears not to constitute an infringement of the Part I or the Part
II prohibition as contemplated in section 30(1) of the Act, the
Commission must issue to the applicant a certificate of clearance in
the form of Form 26.
24 Revocation or amendment of exemptions contemplated in
section 30 of Act
(1) If the Commission proposes to revoke or amend an
exemption or to revoke a certificate of clearance under section
30(2) of the Act, the Commission must give notice of the proposed
action in the form of Form 27-
(a) to the person to whom the exemption was granted or the
certificate of clearance was issued; and
(b) to any other person who, in the opinion of the
Commission, is likely to have an interest in the matter.
(2) The Commission must issue a revocation or amendment
of an exemption or a revocation of a certificate of clearance in the
form of Form 28.
(3) An application to the Court for a pecuniary penalty
under section 29(3) of the Act must be in the form of Form 29.
25 Application for exemption in respect of professional rules
(1) An application for exemption as contemplated in
section 31(1) of the Act must be in the form of Form 30.
(2) Upon receiving an application in terms of section 31
of the Act, the Commission must give notice of receipt of the
application in the Gazette in the form of Form 31.
(3) The Commission may request further information from
any person who has submitted a representation in response to a
notice published in terms of subrule (2).
(4) If the Commission-
(a) grants an exemption under section 31(4) of the Act, it
must issue to the applicant an exemption certificate in the form of
Form 32;
(b) rejects an application for exemption under section
31(4) of the Act, it must issue to the applicant a notice of refusal
to grant exemption in the form of Form 33.
(5) The Commission must publish in the Gazette a notice
in the form of Form 34 of its decision referred to in subrule 4(a)
or (b), setting out the section of the Act in terms of which the
exemption was granted or refused.
(6) If the professional rules concerned appear not to
contain a restriction that has the effect of preventing or
substantially lessening competition in a market, the Commission must
issue to the applicant a certificate of clearance in the form of
Form 35.
26 Revocation of exemptions as contemplated in section 31 of
Act
(1) If the Commission proposes to revoke an exemption in
respect of any rules under section 31(5) of the Act, the Commission
must give notice in the Gazette of the proposed action in the form
of Form 36.
(2) The Commission must issue a revocation of an
exemption in respect of any rules in the form of Form 37.
PART 6
MERGER PROCEDURES (rules 27-33)
27 Merger parties and participants
(1) In this Part, in respect of any particular merger-
"acquiring undertaking" means-
(a) any undertaking that, as a result of a transaction in
any circumstances set out in section 42 of the Act, would acquire or
establish direct or indirect control over the whole or part of the
business of another undertaking;
(b) any other undertaking that has direct or indirect
control over the whole or part of the business of an undertaking
referred to in paragraph (a); and
(c) any other undertaking that is controlled by, or the
direct or indirect control over the whole or part of the business
which is held by, an undertaking referred to in paragraph (a) or
(b);
"primary acquiring undertaking" means an undertaking
that meets the definition of acquiring undertaking in paragraph (a)
of that definition;
"primary target undertaking" means the undertaking that
satisfies the definition of "target undertaking" in paragraph (a) of
that definition; and
"target undertaking" means-
(a) an undertaking that, as a result of a transaction in
any circumstances set but in section 42 of the Act-
(i) would become controlled by, or the direct or
indirect control over the whole or part of the business which is
held by, another undertaking; or
(ii) would transfer control of, or the direct or
indirect control over the whole or part of its business to another
undertaking; and
(b) any other undertaking that is controlled by, or the
direct or indirect control over the whole or part of the business
which is held by, a business described in subparagraph (i).
(2) The following persons may participate in proceedings
before the Commission in respect of any merger-
(a) the party to the merger who files the merger notice
contemplated in Form 38;
(b) any other party to the merger who indicates an
intention to participate when filing a statement of merger
information contemplated in Form 39.
28 Merger notice requirements
Each undertaking involved in a proposed merger as contemplated in
section 44(1) of the Act must notify the Commission of the proposal
in the merger notice in the form of Form 38, and must attach to it a
completed statement of merger information in the form of Form 39.
29 Notification of merger investigation
If the Commission has referred the particulars of a
proposed merger to an inspector for investigation and a report as
contemplated in section 49(3) of the Act, the Commission must inform
the undertakings involved of such referral in the form of Form 40.
30 Notice of determination made by Commission in relation to
proposed merger
The Commission must give notice of the determination made by it in
relation to a proposed merger in the form of Form 41-
(a) to the parties involved in the proposed merger; and
(b) by notice in the Gazette, as contemplated in section
47(7) of the Act.
31 Revocation of approval of proposed merger
(1) If the Commission proposes to revoke its decision
under section 48(1) to approve the implementation of a proposed
merger, the Commission must give notice of the proposed action in
the form of Form 42-
(a) to every undertaking involved in the merger; and
(b) to any other person who in the opinion of the
Commission is likely to have an interest in the matter.
(2) The Commission must issue a revocation of its
decision to approve the implementation of a proposed merger in the
form of Form 43.
32 Notice of application for review of decisions of Commission
on mergers by Minister and notice of determination
(1) The Minister must give notice, as contemplated in
section 49(2) of the Act, of an application to review the decision
of the Commission in relation to a proposed merger in the Gazette in
the form of Form 44.
(2) The Minister must give notice, in the form of Form
45-
(a) to the Commission;
(b) to the parties involved in a proposed merger; and
(c) in the Gazette,
of the determination made by the Minister in relation to the review
by the Minister of the decision of the Commission in relation to a
proposed merger, as contemplated in section 49(4).
33 Application to Court in terms of section 51
An application to the Court as contemplated in section 51 of the Act
in respect of a merger which being, or has been implemented in
contravention of Chapter 4 of the Act, must be in the form of Form
46.
PART 7
MISCELLANEOUS (rules 34-37)
34 Requirements for small undertaking
A small undertaking is-
(a) a separate and distinct business entity, including
co-operative enterprises and non-governmental organisations, which
is managed by one owner or more and, includes its branches or
subsidiaries, if any; and
(b) predominantly carried on in any sector or subsector of
the economy mentioned in column 1 of Annexure B, and which can be
classified as a micro-, a very small, a small or a medium enterprise
by satisfying the criteria mentioned in columns 3, 4 and 5 of that
Annexure opposite the smallest relevant size or class as mentioned
in column 2 of that Annexure.
35 Financial year of Commission
The financial year of the Commission ends on 31 March of
each year.
36 Criteria to be applied for determining dominant position in
market
(1) An undertaking has, or two or more undertakings
have, a dominant position in a market if-
(a) it has or they have at least 45% of that market;
(b) it has or they have at least 35%, but less than 45%, of
that market, unless it can show that it does not have market power;
or
(c) it has or they have less than 35% of that market, but has or
have marker power.
(2) For the purposes of this rule "market power" means the power of
an undertaking or undertakings to control prices, to exclude
competition or to behave to an appreciable extent independently of
its competitors, customers or suppliers.
37 Notice from chairperson of Commission
A notice from the chairperson of the Commission as contemplated in
section 54(2) of the Act, must be in the form of Form 47.
ANNEXURE A
INDEX TO FORMS AND FORMS
FORMDESCRIPTIONRULE
Form 1Confidentiality claim11(1)
Form 2Complaint15(1)
Form 3Notice of decision not to conduct an
investigation15(2)(b)
Form 4Notice of proposed investigation16(1)
Form 5Notice to appear before Commission16(2)
Form 6Notice of proposed decision of Commission in relation to
investigation17
Form 7Notice of action to be taken under section 3818(1)
Form8Institution of proceedings in court for order18(2)
Form 9Application to court for interim order19
Form 10Notice of consent agreement to be submitted to
Court20(1)
Form 11Application to Court for confirmation of settlement
agreement as order of Court20(2)
Form 12Application for exemption in respect of certain
restrictive practices21(1)
Form 13Notice of receipt of application for exemption in
respect of certain restrictive practices21(2)
Form 14Exemption certificate in respect of certain restrictive
practices21(4)(a)
Form 15Notice of refusal to grant exemption21(4)(b)
Form 16Notice of decision of Commission regarding
exemption21(5)
Form 17Certificate of clearance in respect of certain
restrictive practices21(6)
Form 18Notice of proposed revocation or amendment of exemption
/ Revocation of clearance certificate22(1)
Form 19Revocation or amendment of exemption / Revocation of
clearance certificate22(2)
Form 20Application to Court for pecuniary penalty22(3)
Form 21Application for exemption in respect of intellectual
property rights23(1)
Form 22Notice of receipt of application for exemption in
respect of intellectual property rights23(2)
Form 23Exemption certificate in respect of intellectual
property rights23(4)(a)
Form 24Notice of refusal to grant exemption in respect of
intellectual property rights23(4)(b)
Form 25Notice of decision of Commission regarding exemption in
respect of intellectual property rights23(5)
Form 26Certificate of clearance in respect of intellectual
property rights23(6)
Form 27Notice of proposed revocation or amendment of exemption
/ Revocation of clearance certificate in respect of
intellectual property rights24(1)
Form 28Revocation or amendment of exemption / Revocation of
clearance certificate in respect of intellectual property
rights24(2)
Form 29Application to Court for pecuniary penalty24(3)
Form 30Application for exemption in respect of professional
rules25(1)
Form 31Notice of receipt of application for exemption in
respect of professional rules25(2)
Form 32Exemption certificate in respect of professional
rules25(4)(a)
Form 33Notice of refusal to grant exemption in respect of
professional rules25(4)(b)
Form 34Notice of decision of Commission regarding exemption in
respect of professional rules25(5)
Form 35Certificate of clearance in respect of professional
rules25(6)
Form 36Notice of proposed revocation of exemption in respect
of professional rules26(1)
Form 37Revocation of exemption in respect of professional
rules26(2)
Form 38Merger notice28
Form 39Statement of merger information28
Form 40Notice of referral to inspector for investigation and
report29
Form 41Notice of determination made by Commission in relation
to proposed merger30
Form 42Notice of proposed revocation of decision to approve
implementation of proposed merger31(1)
Form 43Revocation of decision to approve implementation of
proposed merger31(2)
Form 44Notice of application for review of decision of
Commission in relation to proposed merger32(1)
Form 45Notice of determination made by Minister in relation to
review of decision of Commission in relation to proposed
merger32(2)
Form 46Application to Court in terms of section 5133
Form 47Notice from chairperson of Commission regarding
suffering of alleged damages37
FORM 1
NAMIBIAN COMPETITION COMMISSION
CONFIDENTIALITY CLAIM
COMPETITION ACT, 2003
(Rule 11(1))
To: The Namibian Competition Commission
Concerning:
(Name and file number :)
On a separate sheet of paper, list the following information,
and set out the facts and contentions supporting your claim
that the identified information is confidential.
Column 1: The name of the document that contains
the confidential information.
Column 2: The page and line number.
Column 3: The name of the undertaking that owns the
particular information.
Column 4: The nature of the economic value of the
information.
Column 5: The existing restrictions on access to
the information.
Statement of confidentiality:
I,
_______________________________________________________________________,
have compiled or supervised the persons who compiled the
attached list. I believe that the information identified in
that list is confidential information as defined in section 1
of the Act.
Name and title of person authorised to sign:
__________________________________________________________________________
Authorised signature: Date:
For officeCommission file number: Date filed:
Use only: ______________________________
_______________________
FORM 2
NAMIBIAN COMPETITION COMMISSION
COMPLAINT
COMPETITION ACT, 2003
(Section 33, Rule 15(1))
To: The Namibian Competition Commission
From:
(Name of person submitting complaint:)
Concerning:
(Name or person whose conduct is the subject of this
complaint:)
Despcription of complaint:
(Provide a concise statement of the conduct that is the
subject of this complaint:)
1 Please attach to this form any relevant documents, as
well as a typed statement describing the conduct that is the
subject of this complaint, including-
(a) the names of each party involved in the
conduct;
(b) the dates on which the conduct occurred;
(c) a statement indicating when and how you became
aware of the conduct, and
(d) any other information you consider relevant.
2 Is the conduct continuing?Yes No
3 If not, when did the conduct
end?_________________________________
Name and title of person authorised to sign:
________________________________________________________________________
Authorised signature: Date:
FORM 2 (continue)
For officeCommission file number:Date filed
Use only:____________________________________________________
Please note:
If this complaint is lodged by a person other than an
individual, please provide contact details of the person
authorised to discuss the complaint.
FORM 3
NAMIBIAN COMPETITION COMMISSION
NOTICE OF DECISION NOT TO CONDUCT AN INVESTIGATION
COMPETITION ACT, 2003
(Section 33(2), Rule 15(2)(b))
To:___________________________________________________________________
Concerning:
(Name and file number of complaint:)
1 The Commission has received a complaint against the above
named respondent
on_____________________________________________________________
2 The Commission gives notice that it has decided not to
conduct an investigation into the alleged infringement
concerned.
3 The reasons for the decision of the Commission are as
follows:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Name and title of person authorised to sign on behalf of the
Commission:
____________________________________________________________________________
Authorised signature: Date:
Please note:
This notice must be sent to the person from whom a complaint
has been received.
FORM 4
NAMIBIAN COMPETITION COMMISSION
NOTICE OF PROPOSED INVESTIGATION
COMPETITION ACT, 2003
(Section 33(3), Rule 16(1))
To:___________________________________________________________________
Concerning:
(Name and file number of complaint:)
1 The Commission has received a complaint against the above
named respondent
on:______________________________________________________ in
relation to the following subject
matter:______________________________
______________________________________________________________
______________________________________________________________
2 The Commission gives notice that it has decided to
conduct an investigation into the alleged infringement
concerned.
3 The purpose of the investigation is:
______________________________________________________________
______________________________________________________________
______________________________________________________________
4 You are hereby invited to submit to the Commission within
30 days as from the date of this notice, any written
representations which you may wish to make to the Commission
in connection with any matter to be investigated.
Name and title of person authorised to sign on behalf of the
Commission:
____________________________________________________________________________
Authorised signature: Date:
Please note:
This notice must be sent to the person from whom a complaint
has been received.
FORM 5
NAMIBIAN COMPETITION COMMISSION
NOTICE TO APPEAR BEFORE COMMISSION
COMPETITION ACT, 2003
(Section 33(3), Rule 16(1))
To:
Concerning:
(Name and file number:)
1 The Commission has decided to conduct an investigation
concerning the above mentioned matter.
2 You are required to appear
at_______________________________________and give evidence
before the Competition Commission on _________________
at_________________o' clock, in the morning/ afternoon.[i]*
3 You are also required to bring with you:
(a) the documents or items listed on the
attached________sheet(s); and
(b) any other documents or items in your
possession or under your control that relate to this matter.
Name and title of person authorised to sign on behalf of the
Commission:
___________________________________________________________________
Authorised signature:Date:
Please note: [sic]
[i]Delete whichever is not applicable
FORM 6
NAMIBIAN COMPETITION COMMISSION
NOTICE OF PROPOSED DECISION OF COMMISSION IN RELATION TO
INVESTIGATION
COMPETITION ACT, 2003
(Section 36(1), Rule 17))
To: _______________________________________________________
Concerning:
(Name and file number of complaint:)
1 The Commission has received a complaint against the above
named respondent on________
2 The Commission proposes to make a decision that-
(a) the Part I prohibition has been infringed;[i]*
(b) the Part II prohibition has been
infringed.[ii]*
3 The reasons for the proposed decision are:
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
4 The Commission considers to seek the following relief
from the Court by way of the institution of proceedings in
accordance with section 38:
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
5. In relation to the proposed decision of the Commission
you may-
(a) submit written representations to the
Commission;
(b) indicate whether you require to an opportunity
to make oral representations to the Commission,
within 30 days as from the date of this notice.
Name and title of person authorised to sign on behalf of the
Commission:
___________________________________________________________________
Authorised signature:Date:
Please note:
This notice must be send to every undertaking which may be
affected by the proposed decision.
[i]Delete whichever is not applicable.
[ii]Delete whichever is not applicable.
FORM 7
NAMIBIAN COMPETITION COMMISSION
NOTICE OF ACTION TO BE TAKEN UNDER SECTION 38
COMPETITION ACT, 2003
(Section 41, Rule 18(1))
Concerning:
(Name and file number of complaint:)
1 The Commission has received a complaint against the above
named respondent on ________________________ and has given
notice of its proposed decision
on________________________________.
2 The Commission gives notice that it intends to take the
following action under section
38:__________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
against:[i]*______________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
3 The nature of the conduct that is the subject of the
action is:______
______________________________________________________________
______________________________________________________________
______________________________________________________________
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised signature: Date:
Please note: [sic]
[i]Please mention the name of every undertaking involved.
FORM 8
NAMIBIAN COMPETITION COMMISSION
INSTITUTION OF PROCEEDINGS IN COURT FOR ORDER
COMPETITION ACT, 2003
(Section 38, Rule 18(2))
Concerning:
(Name and file number of complaint:)
1 The Commission has received a complaint against the above
named respondent on ________________________ and has given
notice of its proposed decision
on________________________________.
2 The Commission hereby institutes proceedings in the Court
for an order:
_____________________________________________________
_____________________________________________________
_____________________________________________________
against:_______________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
on the grounds:________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised signature: Date:
Please note:
Please mention in paragraph 2 the order which the Commission
sought, the name(s) of the undertaking(s) involved and grounds
on which the order is sought.
FORM 9
NAMIBIAN COMPETITION COMMISSION
APPLICATION TO COURT FOR INTERIM ORDER
COMPETITION ACT, 2003
(Section 39(1), Rule 19)
Concerning:
(Name of undertaking concerned:)
1 The Commission on reasonable grounds believes that the
undertaking(s) mentioned
above:____________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
and that it is necessary for the Commission to act as a
matter of urgency for the purpose-
(a) of preventing serious, irreparable damage to
any person or category of persons; or[i]*
(b) of protecting the public interest.
2 The Commission therefore applies to the Court for an
interim order restraining the undertaking or undertakings from
engaging in the conduct referred to in paragraph 1.
Name and title of person authorised to sign on behalf of the
Commission:
___________________________________________________________________
Authorised signature:Date:
Please note:
Please mention in paragraph 1 the conduct of the undertaking
on which the application of the Commission is bases [sic], as
contemplated in section 39(1).
[i]Delete whichever is not applicable.
FORM 10
NAMIBIAN COMPETITION COMMISSION
NOTICE OF CONSENT AGREEMENT TO BE SUBMITTED TO COURT
COMPETITION ACT, 2003
(Section 41, Rule 20(1))
Concerning:
(Name and file number of complaint:)
1 The Commission has received a complaint against the above
named respondent on ____________________ and has given notice
of its proposed decision on____________________.
2 The Commission gives notice that it intends to submit the
attached consent agreement with: [i]*
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
to the Court for confirmation as an order of the Court as
contemplated in section 40(1) of the Act.
3 The nature of the conduct that is the subject of the
consent agreement is:___
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Name and title of person authorised to sign on behalf of the
Commission:
___________________________________________________________________
Authorised signature:Date:
Please note: [sic]
[i]Please mention the name of every undertaking involved.
FORM 11
NAMIBIAN COMPETITION COMMISSION
APPLICATION TO COURT FOR CONFIRMATION OF SETTLEMENT AGREEMENT
AS ORDER OF COURT
COMPETITION ACT, 2003
(Section 40(1), Rule 20(2))
Concerning:
(Name and file number of complaint:)
1 The Commission has received a complaint against the above
named respondent on ______________________ and has given
notice-
(a) of its proposed decision on
__________________________;
(b) in the Gazette of the consent agreement to be
submitted to the Court for confirmation as an order to the
Court on ____________
2 The Commission hereby applies to the Court for
confirmation as an order of the Court of the attached consent
agreement with:[i]*__________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised signature: Date:
Please note: [sic]
[i]Please mention the name of every undertaking involved.
FORM 12
NAMIBIAN COMPETITION COMMISSION
APPLICATION FOR EXEMPTION IN RESPECT OF CERTAIN RESTRICTIVE
PRACTICES
COMPETITION ACT, 2003
(Section 27(1), Rule 21(1))
To: The Competition Commission
From:
(Name of Applicant:)
(Name of undertaking:)
1 We apply in terms of section 27(1) of the Act for an
exemption from the provisions of Part I[i]* / Part II[ii]*of
Chapter 3 of the Act in respect of-
a single agreement a category of agreements
a decision a category of decisions
a concerted practice a category of concerted practices,
as described in the attached document.
2 We seek an exemption for a period of _________years.
3 In respect of this matter, has a previous exemption been:
Granted? Yes No
Refused? Yes No
4 If you have answered "yes" to either question above,
please provide the case number for the previous exemption
application _______________________.
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised Signature: Date:
For office Use only:Commission file number: Date filed:
_____________________________________________
[i]Delete whichever is applicable
[ii]Delete whichever is applicable
FORM 12 (Continue)
Please note:
1 The following information must be included in your
description of the agreement, decision or practice for which
you seek an exemption:
(a) Your address in Namibia for service of
documents.
(b) A short description of your business.
(c) A brief description of the agreement, decision
or practice which you seek to have exempted from the
application of Chapter 2, and, if an agreement or decision has
already been made, its date, as well as a certified copy
thereof.
(d) The names and addresses of other parties to
that agreement, decision or practice.
(e) The objective in terms of section 28(3) of the
Act on which you rely.
(f) The facts and contentions on which you rely.
(g) The sections of the Act that you believe may
be contravened by the agreement, decision, practice, or
category of agreements, decisions or practices you have
described, and a motivation for the belief.
2 Generally, information relating to this application is
part of the public record. You have the right to identify
information that you believe is confidential, by completing
Form 1 and submitting it with this application.
FORM 13
NAMIBIAN COMPETITION COMMISSION
NOTICE OF RECEIPT OF APPLICATION FOR EXEMPTION IN RESPECT OF
CERTAIN RESTRICTIVE PRACTICES
Competition Act, 2003 (Act 2 of 2003)
(Section 27(3), Rule 21(2))
Concerning:
(Name and file number of applicant:)
1 The Commission gives notice that it has received an
application for exemption in respect of certain restrictive
practices from the above named applicant on _____
___________________________________________________________
2 The nature of the exemption sought by the applicant is:
_________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
3 Interested persons are invited to submit to the
Commission, within 30 days as from the date of this notice,
any written representations that they may wish to make in
regard to the application.
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised signature: Date:
FORM 14
NAMIBIAN COMPETITION COMMISSION
EXEMPTION CERTIFICATE IN RESPECT OF CERTAIN RESTRICTIVE
PRACTICES
Competition Act, 2003 (Act 2 of 2003)
(Section 28(1)(a), Rule 21(4)(a))
To:
____________________________________________________________________
(Name and file number of applicant:)
1 You have applied to the Commission on:
_________________________________ for an exemption in respect
of certain restrictive practices, as contemplated in section
27(1) of the Act.
2 Because the agreement, decision or practice concerned
contributes to the objective set out in section 28(3)
____________ [i]*of the Act, the Commission grants an
exemption in terms of section 28(1)(a) of the Act for a period
of __________ years, ending on __________________, for:
a single agreement a category of agreements
a decision a category of decisions
a concerted practice a category of concerted practices,
as described in your application. This exemption is
subject to:
no conditions
the conditions listed on the attached sheet.
3 The Commission has the authority in terms of section
29(1) of the Act to revoke or amend this exemption if-
(a) the exemption was granted on materially
incorrect or misleading information;
(b) there has been a material change of
circumstances since the exemption was granted; or
(c) a condition upon which the exemption was
granted, has not been complied with.
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised Signature: Date:
[i]Please insert the appropriate paragraph of section 28(3) of the
Act.
FORM 15
NAMIBIAN COMPETITION COMMISSION
NOTICE OF REFUSAL TO GRANT EXEMPTION
Competition Act, 2003 (Act 2 of 2003)
(Section 28(1)(b), Rule 21(4)(b))
To:
____________________________________________________________________
(Name and file number of applicant:)
1 You have applied to the Commission on:
_________________________________ for an exemption in respect
of certain restrictive practices, as contemplated in section
27(1) of the Act for:
a single agreement a category of agreements
a decision a category of decisions
a concerted practice a category of concerted practices,
as described in your application.
2 After reviewing the information you provided, the
Commission refuses to grant an exemption for the reasons
mentioned in the accompanied statement.
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised Signature: Date:
FORM 16
NAMIBIAN COMPETITION COMMISSION
NOTICE OF DECISION OF COMMISSION REGARDING EXEMPTION
Competition Act, 2003 (Act 2 of 2003)
(Section 28, Rule 21(5))
Concerning:
(Name and file number of Applicant:)
1 The above named applicant has applied to the Commission
on______________for an exemption in respect of certain
restrictive practices, as contemplated in section 27(1) of the
Act for:
a single agreement a category of agreements
a decision a category of decisions
a concerted practice a category of concerted practices,
as described in his or her or its application.
2 The Commission gives notice of its decision in terms of
section 28(1)(a)[i]* or (b)[ii]* of its decision to grant
[iii]* / refuse[iv]* the exemption concerned.
Name and title of person authorised to sign on behalf of the
Competition Commission:
_________________________________________________________________
Authorised Signature: Date:
[i]Delete whichever is not applicable.
[ii]Delete whichever is not applicable.
[iii]Delete whichever is not applicable.
[iv]Delete whichever is not applicable.
FORM 17
NAMIBIAN COMPETITION COMMISSION
CERTIFICATE OF CLEARANCE IN RESPECT OF CERTAIN RESTRICTIVE
PRACTICES
Competition Act, 2003 (Act 2 of 2003)
(Section 28(1)(c), Rule 21(6))
To: ________________________________________________________
(Name and file number of Applicant:)
1 You have applied to the Commission on
________________________ for an exemption in respect of
certain restrictive practices, as contemplated in section
27(1) of the Act for:
a single agreement a category of agreements
a decision a category of decisions
a concerted practice a category of concerted practices,
as described in your application.
2 In the opinion of the Commission, based on the facts in
its possession, the agreement, decision or concerted practice
or the category of agreements, decisions or concerted
practices concerned, does not constitute an infringement of
the Part I[i]* / Part II[ii]* prohibition as contemplated in
section 28(1)(c) of the Act.
Name and title of person authorised to sign on behalf of the
Competition Commission:
_________________________________________________________________
Authorised Signature: Date:
[i]Delete whichever is not applicable.
[ii]Delete whichever is not applicable.
FORM 18
NAMIBIAN COMPETITION COMMISSION
NOTICE OF PROPOSED REVOCATION OR AMENDMENT OF EXEMPTION /
REVOCATION OF CLEARANCE CERTIFICATE
Competition Act, 2003 (Act 2 of 2003)
(Section 29(2)(a) and (b), Rule 22(1))
To:
___________________________________________________________
Concerning:
(Name and file number of applicant:)
1 The Commission has issued an exemption certificate[i]* /
clearance certificate[ii]* to the above named applicant on
_____________________________________________
2 The Commission gives notice that it intends to
revoke[iii]* / amend[iv]* the exemption concerned[v]* / revoke
the clearance certificate concerned[vi]* on the ground that-
(a) the exemption was granted[vii]* / the
certificate of clearance[viii]* was issued on materially
incorrect[ix]* / misleading information[x]*;[xi]*
(b) there has been a material change of
circumstances since the exemption was granted[xii]* / the
certificate was issued[xiii]*;[xiv]*
(c) a condition upon which an exemption was
granted has not been complied with. [xv]*
3 You may submit to the Commission, within 30 days as from
the date of receipt of this notice, any written
representations that you may wish to make in regard to the
proposed revocation[xvi]* / amendment[xvii]* of the
exemption[xviii]* / revocation of the clearance
certificate[xix]*.
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised signature: Date:
[i]Delete whichever is not applicable.
FORM 19
NAMIBIAN COMPETITION COMMISSION
REVOCATION OR AMENDMENT OF EXEMPTION / REVOCATION OF CLEARANCE
CERTIFICATE
Competition Act, 2003 (Act 2 of 2003)
(Section 29(1)(a) and (b), Rule 22(2))
To:
___________________________________________________________
Concerning:
(Name and file number of applicant:)
1 The Commission has issued an exemption certificate[i]* /
clearance certificate[ii]* to the above named applicant on
_____________ and has given notice on _____________ that it
intends to revoke[iii]* / amend[iv]* the exemption
concerned[v]* / revoke the clearance certificate
concerned[vi]*.
2 The Commission hereby, in terms of section 29(1) of the
Act, revokes[vii]* / amends[viii]* the exemption
concerned[ix]* / revokes the clearance certificate
concerned[x]* on the ground that-
(a) the exemption was granted[xi]* / the
certificate of clearance[xii]* was issued on materially
incorrect[xiii]* / misleading information[xiv]*;[xv]*
(b) there has been a material change of
circumstances since the exemption was granted[xvi]* / the
certificate was issued[xvii]*;[xviii]*
(c) a condition upon which an exemption was
granted has not been complied with. [xix]*
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised signature: Date:
[i]Delete whichever is not applicable.
FORM 20
NAMIBIAN COMPETITION COMMISSION
APPLICATION TO COURT FOR PECUNIARY PENALTY
Competition Act, 2003 (Act 2 of 2003)
(Section 29(3), Rule 22(3))
Concerning:
(Name and file number of applicant:)
1 The Commission has granted an exemption to the above
named applicant for an exemption in respect of certain
restrictive practices, as contemplated in section 27(1) of the
Act and has issued an exemption certificate to the above named
applicant on _____________
2 The exemption concerned has been made subject to the
conditions listed on the attached sheet.
3 Due to the fact that there has been non-compliance with a
condition of the exemption concerned, namely
________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
the Commission hereby applies to the Court for the
imposition of a pecuniary penalty of N$ __________-__in
respect of the non-compliance concerned.
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised signature: Date:
FORM 21
NAMIBIAN COMPETITION COMMISSION
APPLICATION FOR EXEMPTION IN RESPECT OF INTELLECTUAL PROPERTY
RIGHTS
Competition Act, 2003 (Act 2 of 2003)
(Section 30(1)), Rule 23(1))
To: The Competition Commission
From:
(Name of Applicant:)
(Name of undertaking:)
1 We apply in terms of section 30( 1) of the Act for an
exemption from the provisions of Part I* / Part II* of Chapter
3 of the Act in respect of-
a single agreement a category of agreements
a concerted practice a category of concerted practices,
relating to the exercise of any right or interest
acquired or protected in terms of any law relating to
copyright, patents, designs, trade marks, plant varieties or
any other intellectual property rights, as described in the
attached document.
2 We seek an exemption for a period of _________years.
3 In respect of this matter, has a previous exemption been:
Granted? Yes No
Refused? Yes No
4 If you have answered "yes" to either question above,
please provide the case number for the previous exemption
application_______________________.
Name and title of person authorised to sign:
_________________________________________________________________
Authorised Signature: Date:
For office Commission file number:Date filed:
Use only: _____________________________________________
FORM 21 (Continue)
Please note:
1 The following information must be included in your
description of the agreement or practice for which you seek an
exemption:
(a) Your address in Namibia for service of
documents.
(b) A short description of your business.
(c) A brief description of the agreement or
practice which you seek to have exempted from the application
of Chapter 2, and, if an agreement has already been made, its
date, as well as a certified copy thereof.
(d) The names and addresses of other parties to
that agreement or practice.
(e) The objective in terms of section 28(3) of the
Act on which you rely.
(f) The facts and contentions on which you rely.
(g) The sections of the Act that you believe may
be contravened by the agreement, practice, or category of
agreements or practices you have described, and a motivation
for the belief.
2 Generally, information relating to this application is
part of the public record. You have the right to identify
information that you believe is confidential, by completing
Form 1 and submitting it with this application.
FORM 22
NAMIBIAN COMPETITION COMMISSION
NOTICE OF RECEIPT OF APPLICATION FOR EXEMPTION IN RESPECT OF
INTELLECTUAL PROPERTY RIGHTS
Competition Act, 2003 (Act 2 of 2003)
(Section 30(2)), Rule 23(2))
Concerning:
(Name and file number of applicant:)
1 The Commission gives notice that it has received an
application for exemption from the above-named applicant in
respect of an agreement or practice relating to the exercise
of any right or interest acquired or protected in terms of any
law relating to copyright, patents, designs, trade marks,
plant varieties or any other intellectual property rights
on________________________.
2 The nature of the exemption sought by the applicant is:
__________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
3 Interested persons are invited to submit to the
Commission, within 30 days as from the date of this notice,
any written representations that they may wish to make in
regard to the application.
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised signature: Date:
FORM 23
NAMIBIAN COMPETITION COMMISSION
EXEMPTION CERTIFICATE IN RESPECT OF INTELLECTUAL PROPERTY
RIGHTS
Competition Act, 2003 (Act 2 of 2003)
(Section 30(1), Rule 23(4)(a))
To: ______________________________________________________
(Name and file number of applicant:)
1 You have applied to the Commission on:
_________________________for an exemption in respect of
intellectual property rights, as contemplated in section 30(1)
of the Act.
2 After reviewing the information you provided, the
Commission grants an exemption in terms of section 30(1) of
the Act in respect of an agreement or practice relating to the
exercise of any right or interest acquired or protected in
terms of any law relating to copyright, patents, designs,
trade marks, plant varieties or any other intellectual
property rights as described in your application. This
exemption is subject to:
no conditions
the conditions listed on the attached sheet.
3 The Commission has the authority in terms of section
30(2) of the Act to revoke or amend this exemption if-
(a) the exemption was granted on materially
incorrect or misleading information;
(b) there has been a material change of
circumstances since the exemption was granted; or
(c) a condition upon which the exemption was
granted, has not been complied with.
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised signature: Date:
FORM 24
NAMIBIAN COMPETITION COMMISSION
NOTICE OF REFUSAL TO GRANT EXEMPTION IN RESPECT OF
INTELLECTUAL PROPERTY RIGHTS
Competition Act, 2003 (Act 2 of 2003)
(Section 30(1), Rule 23(4)(b))
To:
(Name and file number of applicant:)
1 You have applied to the Commission on:
__________________________ for an exemption in respect of
intellectual property rights, as contemplated in section 30(1)
of the Act for:
a single agreement a category of agreements
a concerted practice a category of concerted practices,
as described in your application.
2 After reviewing the information you provided the
Commission refuses to grant an exemption for the reasons
mentioned in the accompanied statement.
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised Signature: Date:
FORM 25
NAMIBIAN COMPETITION COMMISSION
NOTICE OF DECISION OF COMMISSION REGARDING EXEMPTION IN
RESPECT OF INTELLECTUAL PROPERTY RIGHTS
Competition Act, 2003 (Act 2 of 2003)
(Section 30(2), Rule 23(5))
Concerning:
(Name and file number of applicant:)
1 The above named applicant has applied to the Commission
on __________________________ for an exemption in respect of
intellectual property rights as contemplated in section 30(1)
of the Act for:
a single agreement a category of agreements
a concerted practice a category of concerted practices,
as described in his or her or its application.
2 The Commission gives notice of its decision in terms of
section 30(1) of the Act of its decision to grant
[i]*/refuse[ii]* the exemption concerned.
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised Signature: Date:
[i]Delete whichever is not applicable.
[ii]Delete whichever is not applicable.
FORM 26
NAMIBIAN COMPETITION COMMISSION
CERTIFICATE OF CLEARANCE IN RESPECT OF INTELLECTUAL PROPERTY
RIGHTS
Competition Act, 2003 (Act 2 of 2003)
(Section 30(2), Rule 23(6))
To: __________________________________________________
(Name and file number of Applicant:)
1 You have applied to the Commission on:
____________________________ for an exemption in respect of
intellectual property rights, as contemplated in section 30(1)
of the Act for:
a single agreement a category of agreements
a concerted practice a category of concerted practices,
as described in your application.
2 In the opinion of the Commission, based on the facts in
its possession, the agreement or concerted practice or the
category of agreements or concerted practices concerned, does
not constitute an infringement of the Part I[i]* / the Part
II[ii]* prohibition as contemplated in section 30(1) of the
Act.
Name and title of person authorised to sign on behalf of the
Competition Commission:
_________________________________________________________________
Authorised Signature: Date:
[i]Delete whichever is not applicable.
[ii]Delete whichever is not applicable.
FORM 27
NAMIBIAN COMPETITION COMMISSION
NOTICE OF PROPOSED REVOCATION OR AMENDMENT OF EXEMPTION
/REVOCATION OF CLEARANCE CERTIFICATE IN RESPECT OF
INTELLECTUAL PROPERTY RIGHTS
Competition Act, 2003 (Act 2 of 2003)
(Section 30(2), Rule 24(1))
To: _______________________________________________
Concerning:
(Name and file number of applicant:)
1 The Commission has issued an exemption certificate[i]* /
clearance certificate[ii]* to the above named applicant on
______________________________________
2 The Commission gives notice that it intends to
revoke[iii]* / amend[iv]* the exemption concerned[v]* / revoke
the clearance certificate concerned[vi]* on the ground that-
(a) the exemption was granted[vii]* / the
certificate of clearance[viii]* was issued on materially
incorrect[ix]* / misleading information[x]*;[xi]*
(b) there has been a material change of
circumstances since the exemption was granted[xii]* / the
certificate was issued[xiii]*;[xiv]*
(c) a condition upon which an exemption was
granted has not been complied with. [xv]*
3 You may submit to the Commission, within 30 days as from
the date of receipt of this notice, any written
representations that you may wish to make in regard to the
proposed revocation[xvi]* / amendment[xvii]* of the
exemption[xviii]* / revocation of the clearance
certificate[xix]*.
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised signature: Date:
[i]Delete whichever is not applicable.
[ii]Delete whichever is not applicable
FORM 28
NAMIBIAN COMPETITION COMMISSION
REVOCATION OR AMENDMENT OF EXEMPTION / REVOCATION OF CLEARANCE
CERTIFICATE IN RESPECT OF INTELLECTUAL PROPERTY RIGHTS
Competition Act, 2003 (Act 2 of 2003)
(Section 30(2), Rule 24(2))
To: _______________________________________________
Concerning:
(Name and file number of applicant:)
1 The Commission has issued an exemption certificate[i]* /
clearance certificate[ii]* to the above named applicant on
__________________________ and has given notice on
____________________ that it intends to revoke[iii]* /
amend[iv]* the exemption concerned[v]* / revoke the clearance
certificate concerned[vi]*.
2 The Commission hereby, in terms of section 30(2) of the
Act, revokes[vii]* / amends[viii]* the exemption
concerned[ix]* / revokes the clearance certificate
concerned[x]* on the ground that-
(a) the exemption was granted[xi]* / the
certificate of clearance[xii]* was issued on materially
incorrect[xiii]* / misleading information[xiv]*;[xv]*
(b) there has been a material change of
circumstances since the exemption was granted[xvi]* / the
certificate was issued[xvii]*;[xviii]*
(c) a condition upon which an exemption was
granted has not been complied with.[xix]*
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised signature: Date:
[i]Delete whichever is not applicable.
[ii]Delete whichever is not applicable.
FORM 29
NAMIBIAN COMPETITION COMMISSION
APPLICATION TO COURT FOR PECUNIARY PENALTY
Competition Act, 2003 (Act 2 of 2003)
(Section 30(2), Rule 24(3))
Concerning:
(Name and file number of applicant:)
1 The Commission has granted an exemption to the above
named applicant in respect of an agreement or practice
relating to the exercise of any right or interest acquired or
protected in terms of any law relating to copyright, patents,
designs, trade marks, plant varieties or any other
intellectual property rights, on _________________
2 The exemption concerned has been made subject to the
conditions listed on the attached sheet.
3 Due to the fact that there has been non-compliance with a
condition of the exemption concerned, namely
_________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
the Commission hereby applies to the Court for the
imposition of a pecuniary penalty of N$
______________-__________ in respect of the non-compliance
concerned.
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised signature: Date:
FORM 30
NAMIBIAN COMPETITION COMMISSION
APPLICATION FOR EXEMPTION IN RESPECT OF PROFESSIONAL RULES
Competition Act, 2003 (Act 2 of 2003)
(Section 31(1), Rule 25(1))
To: The Competition Commission
From:
(Name of applicant association:)
1 We apply in terms of section 31(1) of the Act to exempt
the professional rules of the applicant association from the
provisions of Part I[i]* / Part II[ii]* of Chapter 3 of the
Act.
2 This profession is registered[iii]** is not registered in
terms of
a particular Act:
________________________________________ (insert name of Act).
3 We seek an exemption for a period of ___________ years.
4 The exemption is required in order to maintain-
Professional Standards the orderly function of the
profession,
as motivated in the attached document, which also sets
out-
(a) our address in Namibia for service of
documents;
(b) the facts and contentions on which we rely;
and
(c) the sections of the Act which we believe our
rules may contravene, and a motivation for that belief.
6 Name of Minister concerned:__________________________
Authorised Signature: Date
For office Use only:Commission file number: Date filed:
____________________________________________
[i]Delete whichever is not applicable.
[ii]Delete whichever is not applicable.
[iii]If the applicant association is registered, attach a copy of
the registration certificate, or other comparable proof of
registration.
FORM 30 (Continue)
Please note:
1 Generally, information relating to this application is
part of the public record. You have a right to identify
information that you believe is confidential, by completing
Form 1 and submitting it with this application.
FORM 31
NAMIBIAN COMPETITION COMMISSION
NOTICE OF RECEIPT OF APPLICATION FOR EXEMPTION IN RESPECT OF
PROFESSIONAL RULES
Competition Act, 2003 (Act 2 of 2003)
(Section 31(3)), Rule 25(2))
Concerning:
(Name and file number of applicant association)
1 The Commission gives notice that it has on
_________________________ received an application from the
above-named applicant association for exemption from the
provisions of Part 1[i]* / Part[ii]* of Chapter 3 of the Act
in respect of professional rules.
2 The nature of the exemption sought by the applicant is:
____________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
3 Interested persons are invited to submit to the
Commission, within 30 days as from the date of this notice,
any written representations that they may wish to make
concerning the application.
Name and title of person authorised to sign on behalf of the
Commission:
_________________________________________________________________
Authorised signature: Date:
[i]Delete whichever is not applicable.
[ii]Delete whichever is not applicable.