Competition commission raises merger thresholds

The Namibian Competition Commission (NaCC) has raised merger notification thresholds, saying the changes will ease the regulatory burden on smaller deals while focusing on transactions that could significantly affect competition.

The changes were announced during a stakeholder engagement on 13 August.

The threshold for combined assets or turnover has been increased from N$30 million to N$60 million.

The threshold for the target company has also been raised from N$15 million to N$30 million.

NaCC chief executive Vitalis Ndalikokule says the changes were necessary because Namibia’s economy has grown since the current thresholds were introduced in 2017.

“An effective merger-control regime must, however, remain responsive to developments in the economy,” Ndalikokule says.

He says the higher thresholds would allow the commission to focus on transactions more likely to affect competition and the public interest.

The NaCC estimates that about 16% of mergers that previously required notification will no longer have to be notified under the new thresholds.

Namibia’s gross domestic product increased from about N$113 billion in 2010 to N$160 billion in 2025, according to figures presented by the commission.

Between 2010 and 2026, the NaCC handled 1 008 merger cases. Real estate accounted for 20% of the cases, followed by wholesale and retail trade.

The commission is also replacing its seven-category filing fee system with three fees: N$90 000 for small mergers, N$350 000 for intermediate mergers and N$650 000 for large mergers.

Ndalikokule says the fees were intended to be “reasonable, transparent and proportionate”.

Despite the higher thresholds, the NaCC will retain oversight of smaller transactions through a new supplementary test.

It will also have the power to review mergers below the thresholds if they raise competition or public-interest concerns.

The commission plans to review the thresholds periodically to ensure they remain relevant to economic and market conditions.


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