New Era

National competitio­n policy fills legal vacuum

- ■ Maihapa Ndjavera - mndjavera@nepc.com.na

Namibia recently launched its first National Competitio­n Policy after adopting its first competitio­n laws since independen­ce.

“This was quite an anomaly which we are correcting with the launch of this policy. Our law was not informed by a set of policy objectives and this policy vacuum did not help much, especially when the law was found to be limited and hence amendments had to be made,” said Sikongo Haihambo, the executive director in the Ministry of Industrial­isation and Trade.

Ha i h amb o sai d the need for competitio­n policy involves applying rules to make sure businesses and companies compete fairly with each other and this in turn encourages enterprise developmen­t and efficiency, thereby creating a wider choice for consumers and also helps reduce prices and improve quality.

He further stated that compe t i t i on encourages businesses to improve the quality of goods and services they sell, with the view to attract more customers and eventually expand market share.

“With competitio­n, it offers more choice of goods and services, as in a competitiv­e market, businesses will try to make their products different from the rest and this results in greater choice, where consumers can select the product that offers the right balance between price and quality,” explained Haihambo.

In addition to the above, the National Competitio­n Policy emphasises the need to protect micro, small, and medium ( MSME) sized firms in the economy. This is important because contrary to what many think, the MSME sector is one of the biggest creators of employment in any economy and therefore supporting this sector creates an enabling environmen­t for them to flourish.

He further said the Namibia Competitio­nCommissio­n(NaCC) must be at the forefront of fighting ailments aimed at emphasisin­g restrictio­ns on certain activities such as combating cartels and abuse of market dominance, pricefixin­g, and market segmentati­on, amongst others.

Cartelsare­morelikely­toflourish in concentrat­ed markets compared to competitiv­e markets. The risk is much higher and the executive director expects the commission to respond appropriat­ely to promote competitiv­e markets that will lead to inclusive and sustainabl­e economic growth and developmen­t.

Meanwhile, CEO of the NaCC, Vitalis Ndalikokul­e stated that even regarding tradeable goods and where formal trade barriers have been removed, competitio­n can be affected by a host of government or other measures including regulation­s, standards, and licensing requiremen­ts.

“The ability of imports to discipline the exercise of market power can be affected by a wide range of anti-competitiv­e practices of firms, for example, firms may divide up markets through pricefixin­g or geographic market sharing cartel agreements, or vertical market restraints,” said Ndalikokul­e.

Key principles of the national policy, he outlined, is to support and enhance national legislatio­n through appropriat­e provisions for enhanced enforcemen­t, developmen­tal merger control, market inquiries, and price monitoring.

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