Abstract
This dissertation examines the nature of and extent of compliance with public interest remedies implemented by the Namibian Competition Commission (NaCC) for the period 2009 to 2023. This study employed a qualitative exploratory case study design to examine all merger cases reviewed by the NaCC between 2009 and 2023, categorising them per determination/decision, with the criteria being: approved without conditions, approved with conditions, or prohibited. Cases were analysed by year, sector and outcome to align with the study's objectives. Findings revealed that case volume fluctuated over time, due to economic and policy shifts, with a peak of 91 cases in 2014 and a decline in 2018 attributed to global trade tensions. More so, the results showed that the majority of mergers were approved without conditions; however, where conditions were imposed, employment protection emerged as the dominant public interest remedy (61%), followed by local beneficiation, continuation of supply and SME development. Meanwhile, compliance analysis showed a non-compliance rate of 16% in terms of the analysed cases,49% of the mergers were compliant with the public interest remedies imposed by NaCC, and 1% demonstrated partial compliance. 34% of the cases could not be verified due to the unavailability of data. These findings reveal that while a majority of mergers adhered to the imposed remedies, a significant portion either failed to comply or lacked transparency, posing challenges to enforcement and accountability.
Challenges primarily resource constraints (43%), political influence (20%), and economic uncertainty (7%) hampered the NaCC’s ability to fully implement public interest provisions. The study concludes that while public interest considerations are embedded in merger control, their consistent application is undermined by institutional and contextual limitations. Finally, the study recommends that to enhance the extent of compliance with public interest remedies in merger control, the NaCC should strengthen its institutional capacity through adequate resourcing and specialised training, develop clear and transparent guidelines for assessing public interest considerations and foster inter-agency collaboration and stakeholder engagement to ensure alignment with national socio-economic priorities.