Namibian antitrust law revision will include consumer protection measures


As the Namibia Economist reports (via online journal AllAfrica), the revised Namibian Competition Act will include consumer protection legislation, in addition to the existing antitrust laws.

The current legislation dates back a decade to 2003 and is being overhauled (whether by the Namibian parliament or by the Commission is not entirely clear to us from the information provided).

The Namibian Competition Commission‘s head (their “CEO”, as the agency’s lead job title is formally called), Mihe Gaomab II, has reportedly stated in an interview with the publication of the country’s chamber of commerce that the revised law will contain new “enabling provisions on consumer rights“, e.g., regarding affordable pricing, fair promotion or advertising, contractual arrangements, and “shelving the right goods at the right place” (whatever that may mean in practice).  He is quoted as emphasizing the “enforcement of competition policy and law” not only with respect to “market failures associated with a substantial reduction of competition”, but also “addressing certain aspects … which are consumer protection related such as unfair deals and lack of information disclosures on consumers.”

We at are keen to see the proposed revisions in writing, as much as we are eager to learn how “unfair deals” for consumers are going to be defined in the NCC’s enforcement practice.

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