Thursday, 13 December 2012

New developments in Namibian competition law

An email news bulletin from South African law firm ENS reports that the publication of the Namibian Government Gazette Nos 288 and 289 of 2012 last Friday has given rise to two new developments in Namibian competition law.

First, the Namibian competition authorities have finally published monetary merger notification thresholds, a decade after the coming into force of the relevant provisions of competition law.  These thresholds should be borne in mind by any IP-owning business which seeks to absorb a competitor, and presumably by any joint venture vehicle to which the commercial operations of two or more enterprises are assigned.

Secondly,  criteria have been set out for determining a dominant position in the market: this is a precondition for establishing whether an abuse of dominant position has taken place.  Given the ease with which the exercise of an intellectual property monopoly in a small economy where there are few or no competitors can be characterised as an abuse, IP proprietors and exclusive licensees should take care to check the new criteria out.

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