- 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