Landmark bilateral competition agreement takes effect


South Africa and Namibia sign landmark memorandum of understanding

On 11 November 2015, the Competition Commission of South Africa and theNamibian Competition Commission signed an historic memorandum of understanding (MoU) on cooperation on competition matters both in terms of policy and enforcement.

Andreas Stargard, a director with African competition-law and anti-corruption advisors Pr1merio, points out, that collaboration of the two relatively mature agencies is not new per se:

Having cooperated in prior years on multiple merger investigations (see, e.g., the Wal*Mart / Massmart transaction), the time had come for a formalised agreement in principle between these two key southern-African jurisdictions.  Antitrust practitioners in the region should anticipate a hopefully streamlined process across national borders, especially in terms of merger reviews & clearance, as well as quite likely conduct investigations in the cartel or dominance areas.

Says the SACC’s press release:

“We thank the Namibian Competition Commission for their cooperation. I’m grateful we’re able to formalise our relations. Our laws tend to be similar which makes cooperation easier,” said South African Competition Commissioner Tembinkosi Bonakele.

Namibian Competition Commission Chief Executive Officer, Mr Mihe Gaomab said that the signing of the MoU is a historic moment for them, and that this will improve cooperation between the authorities, especially on multi-jurisdiction projects, such as mergers.

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