GOVERNMENT GAZETTE

OF THE

REPUBLIC OF NAMIBIA
N$15.80 WINDHOEK - 3 March 2008 No. 4004

CONTENTS

Page
GOVERNMENT NOTICE

No. 54 Commencement of Competition Act, 2003 ..................................................................... 1

GENERAL NOTICE

No. 41 Rules made under Competition Act, 2003 ....................................................................... 2

________________

Government Notice
MINISTRY OF TRADE AND INDUSTRY

No. 54 2008

COMMENCEMENT OF COMPETITION ACT, 2003

Under section 70(1) of the Competition Act, 2003 (Act No. 2 of 2003), I determine that
that Act commences on the date of publication of this notice in the Gazette.

I. NGATJIZEKO
MINISTER OF TRADE AND INDUSTRY Windhoek, 15 February 2008
________________
2 Government Gazette 3 March 2008 No. 4004

General Notice
NAMIBIAN COMPETITION COMMISSION

No. 41 2008

RULES MADE UNDER COMPETITION ACT, 2003

The Namibian Competition Commission, under section 22 of the Competition Act, 2003
(Act No. 2 of 2003), with the approval of the Minister of Trade and Industry, has made
the rules set out in the Schedule.

D.F. REISSNER
CHAIRPERSON
NAMIBIAN COMPETITION COMMISSION

SCHEDULE

ARRANGEMENT OF RULES

Part 1
Definitions and Office Functions of Commission

1. Definitions
2. Office hours and address of Commission
3. Time limits
4. Assigning of functions and powers by Commission

Part 2
Delivery of Documents

5. Delivery of documents
6. Filing of documents
7. Fees
8. Form of notices, applications, certificates and receipts
9. Contents of notices in Gazette

Part 3
Access to Records of Commission

10. Confidential information

11. Right of informants to claim confidentiality or request restricted access
12. Access to information

Part 4
Complaint Procedure

13. Information concerning alleged restrictive practices

14. Complaints initiated by Commission
15. Complaints by persons other than Commission
16. Notice of proposed investigation and notice to furnish information to, or produce
any document or article to, or to appear before Commission
17. Notice of proposed decisions of Commission
18. Notice of action to be taken under section 38 and institution of proceedings in
Court
No. 4004 Government Gazette 3 March 2008 3

Part 5
Exemption Procedures

19. Application to Court for interim order

20. Notice of consent agreement to be submitted to Court for confirmation as an
order of the Court and application to Court for confirmation of agreement of
settlement as order of the Court
21. Applications for exemption in respect of certain restrictive practices
22. Revocation or amendment of exemption or revocation of certificate of clearance

Part 6
Merger Procedures

23. Applications for exemption in respect of intellectual property rights

24. Revocation or amendment of exemptions contemplated in section 30 of Act
25. Applications for exemption in respect of professional rules
26. Revocation or amendment of exemptions contemplated in section 31 of Act
27. Merger parties and participants
28. Merger notice requirements
29. Notification of merger investigations
30. Notice of determination made by Commission in relation to proposed merger
31. Revocation of approval of proposed merger
32. Notice of application for review of decisions of Commission on mergers by
Minister and notice of determination
33. Application to Court in terms of section 51

Part 7
Miscellaneous

34. Requirements for small undertaking

35. Financial year of Commission
36. Criteria to be applied for determining dominant position in market
37. Notice from chairperson of Commission
Annexure A: Index to Forms and Forms
Annexure B: Categories of Small Undertakings

Part 1
Definitions and Office Functions of Commission

Definitions

1. (1) In these rules, unless the context otherwise indicates, any word or
expression to which a meaning has been assigned in the Act has that meaning, and -

“certified copy” means a copy of a document certified by a Commissioner of Oaths;

“complaint” means -

(a) a matter initiated by the Commission under section 33 of the Act; or

(b) a matter that has been submitted to the Commission under section 33 of the Act,
and accepted by the Commission under rule 15(2)(a);

“confidential information” means -

4 Government Gazette 3 March 2008 No. 4004

(a) information in the possession of the Commission in respect of which a claim has
been made asserting that it is confidential information; or

(b) other information in the possession of the Commission that is restricted in terms
of rule 10, 11 or 12;

“deliver” means to serve and file;

“file”, when used as a verb, means to deposit with the Commission;

“merger notice” means a notification required in terms of section 44 of the Act;

“public holiday” means a public holiday referred to in section 1 of the Public Holidays
Act, 1990 (Act No. 26 of 1990);

“restrictive practice” means a practice prohibited in terms of Chapter 3 of the Act;

“the Act” means the Competition Act, 2003 (Act No. 2 of 2003);

Office hours and address of Commission

2. (1) Subject to subrule (2), the offices of the Commission are open to
the public every Monday to Friday, excluding public holidays, from 08:30 to 13:00 and
from 13:30 to 15:30.

(2) The Commission may in exceptional circumstances accept documents for

filing on any day and at any time within office hours.

(3) Subject to rules 5 and 6, any communication to the Commission, or to a

member of the staff of the Commission, may be -

(a) delivered by hand to The Namibian Competition Commission, at ..............

........................................................, Windhoek, Namibia;

(b) mailed by post to The Namibian Competition Commission, Private Bag

..................., Windhoek, Namibia;

(c) communicated by telephone at (09264) (61) ........................;

(d) transmitted by fax at (09264) (61) ....................; or

(e) transmitted by electronic mail to ............................................ .

Time limits

3. (1) If -

(a) a particular number of days are prescribed for doing an act, the number of
days must be calculated by excluding the first day and including the last
day;

(b) the time for doing an act expires on a public holiday, a Saturday or a
Sunday, the act may be done on the next day that is not a public holiday, a
Saturday, or a Sunday;
No. 4004 Government Gazette 3 March 2008 5

(c) a particular number of days are prescribed for doing an act, the number of
days must be calculated by excluding the first day and including the last
day, but public holidays, Saturdays and Sundays are not included in the
calculation of days.

(2) On good cause shown, the Commission may condone late performance of
an act in respect of which these rules prescribe a time limit, other than a time limit that
is binding on the Commission itself.

Assigning of functions by Commission

4. The Commission may in writing assign any function of the Commission

to a member of the staff of the Commission, either generally or in connection with a
particular matter.

Part 2
Delivery of Documents

Delivery of documents

5. (1) A notice or document that is required to be delivered may be filed or

served in any way permitted or required by the Act or these rules.

(2) If, in a particular matter, it proves impossible to deliver a document in any

manner provided for in the Act or these rules, the person concerned may apply to the
Commission for an order of substituted service.

(3) Subject to rule 2(2), if a date for the delivery of a document in terms of or
under the Act or these rules falls outside the office hours of the Commission as set out
in rule 2(1), that document is deemed to have been delivered on the next business day.

(4) A document that is delivered by fax must include a cover page, and
a document that is transmitted by electronic mail must be accompanied by a cover
message, in either case setting out -

(a) the name, address, and telephone number of the sender;

(b) the name of the person to whom it is addressed, and the name of that person’s
representative, if it is being sent to the representative of a person;

(c) the date and time of the transmission;

(d) the total number of pages sent, including the cover page; and

(e) the name and telephone number of the person to contact if the transmission
appears to be incomplete or otherwise unsuccessful.

(5) Despite this rule, if, in terms of rule 7, a filing fee is required in respect of
a document that has been filed, that document is deemed to have been filed -

(a) on the date and at the time of delivery, or determined by subrule (2), if
applicable, provided that the filing fee is paid to the Commission within 5
days of that time; or

(b) when the filing fee is received by the Commission, if later.

6 Government Gazette 3 March 2008 No. 4004

Filing of documents

6. (1) The Commission must assign distinctive case numbers to each -

(a) complaint;

(b) application; or

(c) merger notice.

(2) The Commission may combine two or more complaints under a common
investigation if they concern substantially the same conduct by the same undertaking.

(3) The Commission must ensure that every document subsequently filed in
respect of the same proceedings is marked with the same case number.

(4) The Commission may refuse to accept a document, subsequently filed in

respect of the same proceedings, that is not properly marked with the assigned case
number.

Fees

7. (1) The Commission may not charge a fee to any person for filing a
complaint.

(2) Subject to subrule (3), the fee for filing an application with the Commission -

(a) for a single exemption is N$5 000, plus an annual fee, payable in advance,
equal to N$500 times the number of years for which the exemption is
granted;

(b) for a category exemption is N$100 000, plus an annual fee, payable
in advance, equal to N$1 000 times the number of years for which the
exemption is granted; or

(c) for an exemption contemplated in section 31 of the Act is N$100 000.

(3) If an application is refused in terms of rule 21(4)(b), or rule 23(4)(b) or an

advice is given in terms of rule 21(6), the Commission must refund the applicant the
annual fee paid in respect of that application.

(4) The fee for filing a merger notice is -

(a) N$1 500, if the combined figure is valued below N$50 million;

(b) N$5 000, if the combined figure is valued at or above N$50 million, but
less than N$65 million; or

(c) N$25 000, if the combined figure is valued at or above N$65 million, but
less than N$75 million; or

(d) N$50 000, if the combined figure is valued at or above N$75 million, but
less than N$100 million;

(e) N$125 000, if the combined figure is valued at or above N$100 million,
but less than N$1 billion;
No. 4004 Government Gazette 3 March 2008 7

(f) N$250 000, if the combined figure is valued at or above N$1 billion, but
less than N$3,5 billion; or

(g) N$500 000, if the figure is valued at or above N$3,5 billion.

(5) For the purposes of subrule (4) -

(a) “combined figure” means the greater of -

(i) the combined annual turnover in Namibia of the acquirer and the
target;

(ii) the combined assets in Namibia of the acquirer and the target;

(iii) the annual turnover in Namibia of the acquirer plus the assets in
Namibia of the target; or

(iv) the assets in Namibia of the acquirer plus the annual turnover in
Namibia of the target; and

(b) annual turnover and assets must be calculated in accordance with the notice
published by the Minister in terms of section 24 of the Act.

(6) For the purpose of subrule (5) -

(a) “acquirer” means the total of all the undertakings that are acquiring
undertakings in respect of that merger, as defined in Rule 27(1)(a); and

(b) “target” means the total of all the undertakings that are target undertakings
in respect of that merger, as defined in Rule 27(1)(b).

(7) The Commission may charge a fee of N$1 per A4-size page or part thereof
to any person wishing to copy a record in the possession of the Commission and N$2
each for the Commission’s certification on copies of documents.

Form of notices, applications, certificates and receipts

8. If a notice, application, certificate or receipt is required in terms of the Act

or these rules, the document must be substantially in the form of the appropriate Form
contained in Annexure A.

Contents of notices in Gazette

9. If the Commission is required, in terms of the Act or these rules, to publish

a notice in the Gazette, that notice must contain at least the following information -

(a) the name of any undertaking or other person directly affected by the
notice;

(b) the file number assigned by the Commission to the relevant matter;

(c) the provision of the Act or rules in terms of which the notice is required;

(d) a brief and concise description of the nature of the relevant matter;
8 Government Gazette 3 March 2008 No. 4004

(e) if the notice invites submissions, the last date on which submissions may
be received;

(f) if the notice reports a decision -

(i) a brief and concise description of the nature of the relevant

decision;

(ii) a statement indicating whether reasons for the decision have been
published, and if so, how a copy of those reasons may be obtained;
and

(iii) a statement of any right of review of that decision, including the

period during which a review may be lodged;

(g) the name, address, and contact numbers of the person in the Commission
responsible for publishing the notice.

Part 3
Access to Records of Commission

Confidential information

10. (1) A complaint and any information received by the Commission

during its investigation of the complaint are regarded confidential information.

(2) An application and any information received by the Commission during its
consideration of the application, or revocation of an exemption granted to the applicant,
are regarded confidential information only to the extent provided for in rule 11.

(3) A statement relating to merger information and any information annexed to

it, or received by the Commission during its investigation of that merger, are regarded
as confidential information.

Right of informants to claim confidentiality or request restricted access

11. (1) When submitting information to the Commission, a person may

identify information that the person claims to be confidential information, but must
support that claim at the same time with a written statement in the form of Form 1,
explaining why the information is confidential.

(2) If a person makes a claim in terms of subrule (1), the Commission may
agree to be bound by that claim without determining whether or not the information is
confidential information.

(3) Information that is the subject of a claim in terms of subrule (1) is

confidential information -

(a) from the time that the claim is made, until the Commission has determined
whether it is confidential information; and

(b) only to the extent that the Commission has accepted the claim upon
determination under paragraph (a).

(4) If a person has requested under rule 13(2) that the Commission treat his or
her identity or any other person’s identity as confidential information -
No. 4004 Government Gazette 3 March 2008 9

(a) the Commission must accept that request; and

(b) that information is restricted unless the person subsequently waives the
request in writing.

Access to information

12. (1) Any person may inspect or copy upon payment of the fee prescribed
for a copy in rule 7(7), any record of the Commission’s proceedings in terms of Chapters
3 or 4 of the Act -

(a) if it is not confidential information; or

(b) if it is confidential information, to the extent permitted, and subject to any

conditions imposed by this rule or an order of the Court.

(2) In a particular complaint the Commission may release to the respondent

confidential information, other than confidential information relating to -

(a) a possible agreement of terms of an appropriate order; or

(b) the consent of a complainant for an order to include an award of damages.

(3) In addition to the provisions of subrule (1) and (2), the Commission may
release confidential information to, or permit access to it by, the following persons -

(a) the person who provided that information to the Commission;

(b) the undertaking to whom the confidential information belongs;

(c) a person who requires it for a purpose mentioned in section 55(2)(a) or (b)
of the Act;

(d) a person mentioned in section 55(2)(c) of the Act;

(e) the Minister, if the information concerns a merger; or

(f) any other person, with the written consent of the undertaking to whom the
information belongs.

(4) If the Commission submits any information to the Minister, the Commission
must identify to the Minister any information included in its submission -

(a) in respect of which a claim has been made in terms of rule 11(1), that has
not yet been determined by the Commission; or

(b) that has been finally determined to be confidential information.

(5) Subject to subrule (6), when making any decision in terms of the Act or
these rules, the Commission may take confidential information into account in making
its decision.

(6) If the reasons of the Commission for a decision contemplated in subrule (5)
would reveal any confidential information, the Commission, after publishing its decision
in the matter, must provide a copy of the proposed reasons to the party concerned at least
10 days before the publications of the reasons.
10 Government Gazette 3 March 2008 No. 4004

Part 4
Complaint Procedures

Information concerning alleged restrictive practices

13. (1) A person may provide information concerning an alleged restrictive

practice to the Commission in any manner and at any time, whether or not a complaint
has been initiated concerning those allegations.

(2) A person who provides information in terms of subrule (1) may request
that the Commission treat his or her identity as confidential information, but that person
may be a complainant in the relevant matter only if he or she subsequently waives the
request in writing.

Complaints initiated by Commission

14. The Commission may initiate a complaint at any time -

(a) in respect of a matter that is within its power; and

(b) within the time period contemplated in section 57 of the Act.

Complaints by persons other than Commission

15. (1) A person other than the Commission may submit a complaint to the
Commission by filing a completed Form 2, if -

(a) the complaint is in respect of a matter that is within the scope of the Act;

(b) the complaint is, in terms of section 57 of the Act, done within three years
from the date the infringement has ceased;

(c) the complaint is not frivolous; and

(d) the Commission has not initiated or has not already accepted a complaint
in respect of that practice.

(2) Upon receiving a complaint in terms of subrule (1), the Commission may -

(a) accept it as a complaint in terms of section 33 of the Act; or

(b) notify, in the form of Form 3, the person who made the complaint that the
Commission has decided not to conduct an investigation, and inform the
person of the reasons for that decision.

(3) A person whose complaint under subrule (1) has been accepted may
withdraw that complaint at any time before the matter has been referred to the Court as
contemplated in section 38 of the Act, if applicable, but the Commission may continue
to investigate that matter as if the Commission had initiated the complaint as from the
date the complaint was originally accepted.

Notice of proposed investigation and notice to furnish information to, or produce

any document or article to, or to appear before Commission

16. (1) If the Commission, on its own initiative or upon receipt of information
or a complaint from any person, decides to conduct an investigation as contemplated in
No. 4004 Government Gazette 3 March 2008 11

section 33, it must in the form of Form 4 give notice of the proposed investigation to
every undertaking the conduct of which is to be investigated.

(2) A notice to a person to -

(a) furnish information to;

(b) produce any document or article to; or

(c) to appear before,

the Commission as contemplated in section 33(4) of the Act must be in the form of Form
5.

(3) A notice contemplated in subrule (1) must be served as follows -

(a) to the person concerned at his or her place of work or residence;

(b) if the person concerned is not at his or her place of work or residence, to
any person apparently not less than 16 years of age at the place of work or
residence of the person concerned; or

(c) by registered post addressed to the postal address of the person

concerned.

Notice of proposed decisions of Commission

17. A notice containing a proposed decision of the Commission as contemplated

in section 36(1) of the Act must be in the form of Form 6.

Notice of action to be taken under section 38 and institution of proceedings in

Court

18. (1) The Commission must give notice in the Gazette in the form of Form
7 of any action which it wishes to take under section 38 of the Act.

(2) Any proceedings which the Commission wishes to institute in the Court as
contemplated in section 38(1) of the Act must be in the form of Form 8.

Application to Court for interim order

19. An application to the Court for an interim order as contemplated in section

39(1) of the Act must be in the form of Form 9.

Notice of consent agreement to be submitted to Court for confirmation as an order

of the Court and application to Court for confirmation of agreement of settlement
as order of the Court

20. (1) The Commission must give notice in the Gazette in the form of Form
10 of any consent agreement referred to in section 40 of the Act to be submitted to the
Court for confirmation as an order of the Court.

(2) An application to the Court for confirmation of an agreement of settlement

as an order of the Court as contemplated in section 40(1) of the Act must be in the form
of Form 11.
12 Government Gazette 3 March 2008 No. 4004

Part 5
Exemption Applications and Procedures

Applications for exemption in respect of certain restrictive practices

21. (1) An application for exemption as contemplated in section 27(1) of

the Act must be in the form of Form 12.

(2) Upon receiving an application in terms of section 27 of the Act, the

Commission must give notice of receipt of the application in the Gazette in the form of
Form 13.

(3) The Commission may request further information from any person who
has submitted a representation in response to a notice published in terms of subrule
(2).

(4) If the Commission -

(a) grants an exemption in terms of section 28(1) of the Act, it must issue to
the applicant an exemption certificate in the form of Form 14;

(b) refuses to grant an exemption in terms of section 28(1) of the Act, it must
issue to the applicant a notice of refusal to grant exemption in the form of
Form 15.

(5) The Commission must publish in the Gazette a notice in the form of Form
16 of its decision referred to in subrule 4(a) or (b), setting out the section of the Act in
terms of which the exemption was granted or refused.

(6) If the subject matter of the application concerned appears not to constitute
an infringement of the Part I or the Part II prohibition as contemplated in section 28(1)(c)
of the Act, the Commission must issue to the applicant a certificate of clearance in the
form of Form 17.

Revocation or amendment of exemption or revocation of certificate of clearance

22. (1) If the Commission proposes to revoke or amend an exemption or to

revoke a certificate of clearance under section 29(1) of the Act, the Commission must
give notice of the proposed action in the form of Form 18 -

(a) to the person to whom the exemption was granted or the certificate of
clearance was issued; and

(b) to any other person who, in the opinion of the Commission, is likely to
have an interest in the matter.

(2) The Commission must issue a revocation or amendment of an exemption

or a revocation of a certificate of clearance in the form of Form 19.

(3) An application to the Court for a pecuniary penalty under section 29(3) of
the Act must be in the form of Form 20.

Applications for exemption in respect of intellectual property rights

23. (1) An application for exemption in respect of intellectual property

rights as contemplated in section 30(1) of the Act must be in the form of Form 21.
No. 4004 Government Gazette 3 March 2008 13

(2) Upon receiving an application in terms of section 30 of the Act, the

Commission must give notice of receipt of the application in the Gazette in the form of
Form 22.

(3) The Commission may request further information from any person who
has submitted a representation in response to a notice published in terms of subrule
(2).

(4) If the Commission -

(a) grants an exemption under section 30(1) of the Act, it must issue to the
applicant an exemption certificate in the form of Form 23;

(b) refuses to grant an exemption under section 30(1) of the Act, it must issue
to the applicant a notice of refusal to grant exemption in the form of Form
24.

(5) The Commission must publish in the Gazette a notice in the form of Form
25 of its decision referred to in subrule 4(a) or (b), setting out the section of the Act in
terms of which the exemption was granted or refused.

(6) If the subject matter of the application concerned appears not to constitute
an infringement of the Part I or the Part II prohibition as contemplated in section 30(1)
of the Act, the Commission must issue to the applicant a certificate of clearance in the
form of Form 26.

Revocation or amendment of exemptions contemplated in section 30 of Act

24. (1) If the Commission proposes to revoke or amend an exemption or to

revoke a certificate of clearance under section 30(2) of the Act, the Commission must
give notice of the proposed action in the form of Form 27 -

(a) to the person to whom the exemption was granted or the certificate of
clearance was issued; and

(b) to any other person who, in the opinion of the Commission, is likely to
have an interest in the matter.

(2) The Commission must issue a revocation or amendment of an exemption

or a revocation of a certificate of clearance in the form of Form 28.

(3) An application to the Court for a pecuniary penalty under section 29(3) of
the Act must be in the form of Form 29.

Application for exemption in respect of professional rules

25. (1) An application for exemption as contemplated in section 31(1)

of the Act must be in the form of Form 30.

(2) Upon receiving an application in terms of section 31 of the Act, the

Commission must give notice of receipt of the application in the Gazette in the form of
Form 31.

(3) The Commission may request further information from any person who
has submitted a representation in response to a notice published in terms of subrule
(2).
14 Government Gazette 3 March 2008 No. 4004

(4) If the Commission -

(a) grants an exemption under section 31(4) of the Act, it must issue to the
applicant an exemption certificate in the form of Form 32;

(b) rejects an application for exemption under section 31(4) of the Act, it must
issue to the applicant a notice of refusal to grant exemption in the form of
Form 33.

(5) The Commission must publish in the Gazette a notice in the form of Form
34 of its decision referred to in subrule 4(a) or (b), setting out the section of the Act in
terms of which the exemption was granted or refused.

(6) If the professional rules concerned appear not to contain a restriction that
has the effect of preventing or substantially lessening competition in a market, the
Commission must issue to the applicant a certificate of clearance in the form of Form
35.

Revocation of exemptions as contemplated in section 31 of Act

26. (1) If the Commission proposes to revoke an exemption in respect of any

rules under section 31(5) of the Act, the Commission must give notice in the Gazette of
the proposed action in the form of Form 36.

(2) The Commission must issue a revocation of an exemption in respect of any

rules in the form of Form 37.

Part 6
Merger Procedures

Merger parties and participants

27. (1) In this Part, in respect of any particular merger -

“acquiring undertaking” means -

(a) any undertaking that, as a result of a transaction in any circumstances set out in
section 42 of the Act, would acquire or establish direct or indirect control over the
whole or part of the business of another undertaking;

(b) any other undertaking that has direct or indirect control over the whole or part of
the business of an undertaking referred to in paragraph (a); and

(c) any other undertaking that is controlled by, or the direct or indirect control over
the whole or part of the business which is held by, an undertaking referred to in
paragraph (a) or (b);

“primary acquiring undertaking” means an undertaking that meets the definition of

acquiring undertaking in paragraph (a) of that definition;

“primary target undertaking” means the undertaking that satisfies the definition of
“target undertaking” in paragraph (a) of that definition; and

“target undertaking” means -

No. 4004 Government Gazette 3 March 2008 15

(a) an undertaking that, as a result of a transaction in any circumstances set out in

section 42 of the Act -

(i) would become controlled by, or the direct or indirect control over the whole
or part of the business which is held by, another undertaking; or

(ii) would transfer control of, or the direct or indirect control over the whole or
part of its business to another undertaking; and

(b) any other undertaking that is controlled by, or the direct or indirect control
over the whole or part of the business which is held by, a business described in
subparagraph (i).

(2) The following persons may participate in proceedings before the

Commission in respect of any merger -

(a) the party to the merger who files the merger notice contemplated in Form
38;

(b) any other party to the merger who indicates an intention to participate when
filing a statement of merger information contemplated in Form 39.

Merger notice requirements

28. Each undertaking involved in a proposed merger as contemplated in section

44(1) of the Act must notify the Commission of the proposal in the merger notice in the
form of Form 38, and must attach to it a completed statement of merger information in
the form of Form 39.

Notification of merger investigation

29. If the Commission has referred the particulars of a proposed merger to an

inspector for investigation and a report as contemplated in section 49(3) of the Act, the
Commission must inform the undertakings involved of such referral in the form of Form
40.

Notice of determination made by Commission in relation to proposed merger

30. The Commission must give notice of the determination made by it in

relation to a proposed merger in the form of Form 41 -

(a) to the parties involved in the proposed merger; and

(b) by notice in the Gazette,

as contemplated in section 47(7) of the Act.

Revocation of approval of proposed merger

31. (1) If the Commission proposes to revoke its decision under section
48(1) to approve the implementation of a proposed merger, the Commission must give
notice of the proposed action in the form of Form 42 -

(a) to every undertaking involved in the merger; and

16 Government Gazette 3 March 2008 No. 4004

(b) to any other person who in the opinion of the Commission is likely to have
an interest in the matter.

(2) The Commission must issue a revocation of its decision to approve the
implementation of a proposed merger in the form of Form 43.

Notice of application for review of decisions of Commission on mergers by Minister

and notice of determination

32. (1) The Minister must give notice, as contemplated in section 49(2) of
the Act, of an application to review the decision of the Commission in relation to a
proposed merger in the Gazette in the form of Form 44.

(2) The Minister must give notice, in the form of Form 45 -

(a) to the Commission;

(b) to the parties involved in a proposed merger; and

(c) in the Gazette,

of the determination made by the Minister in relation to the review by the Minister of
the decision of the Commission in relation to a proposed merger, as contemplated in
section 49(4).

Application to Court in terms of section 51

33. An application to the Court as contemplated in section 51 of the Act in

respect of a merger which being, or has been implemented in contravention of Chapter
4 of the Act, must be in the form of Form 46.

Part 7
Miscellaneous

Requirements for small undertaking

34. A small undertaking is -

(a) a separate and distinct business entity, including co-operative enterprises

and non-governmental organisations, which is managed by one owner or
more and, includes its branches or subsidiaries, if any; and

(b) predominantly carried on in any sector or subsector of the economy

mentioned in column 1 of Annexure B, and which can be classified as
a micro-, a very small, a small or a medium enterprise by satisfying the
criteria mentioned in columns 3, 4 and 5 of that Annexure opposite the
smallest relevant size or class as mentioned in column 2 of that Annexure.

Financial year of Commission

35. The financial year of the Commission ends on 31 March of each year.

Criteria to be applied for determining dominant position in market

36. (1) An undertaking has, or two or more undertakings have, a dominant

position in a market if -
No. 4004 Government Gazette 3 March 2008 17

(a) it has or they have at least 45% of that market;

(b) it has or they have at least 35%, but less than 45%, of that market, unless it
can show that it does not have market power; or

(c) it has or they have less than 35% of that market, but has or have marker
power.

(2) For the purposes of this rule “market power” means the power of an
undertaking or undertakings to control prices, to exclude competition or to behave to an
appreciable extent independently of its competitors, customers or suppliers.

Notice from chairperson of Commission

37. A notice from the chairperson of the Commission as contemplated in

section 54(2) of the Act, must be in the form of Form 47.

ANNEXURE A

Index to Forms and Forms

FORM DESCRIPTION RULE

Form 1 Confidentiality claim 11(1)
Form 2 Complaint 15(1)
Form 3 Notice of decision not to conduct an investigation 15(2)(b)
Form 4 Notice of proposed investigation 16(1)
Form 5 Notice to appear before Commission 16(2)
Notice of proposed decision of Commission in relation to
Form 6 17
investigation
Form 7 Notice of action to be taken under section 38 18(1)
Form 8 Institution of proceedings in court for order 18(2)
Form 9 Application to court for interim order 19
Form 10 Notice of consent agreement to be submitted to Court 20(1)
Application to Court for confirmation of settlement
Form 11 20(2)
agreement as order of Court
Application for exemption in respect of certain restrictive
Form 12 21(1)
practices
Notice of receipt of application for exemption in respect of
Form 13 21(2)
certain restrictive practices
Exemption certificate in respect of certain restrictive
Form 14 21(4)(a)
practices
Form 15 Notice of refusal to grant exemption 21(4)(b)
Form 16 Notice of decision of Commission regarding exemption 21(5)
Certificate of clearance in respect of certain restrictive
Form 17 21(6)
practices
Notice of proposed revocation or amendment of exemption
Form 18 22(1)
/ Revocation of clearance certificate
Revocation or amendment of exemption / Revocation of
Form 19 22(2)
clearance certificate
Form 20 Application to Court for pecuniary penalty 22(3)
18 Government Gazette 3 March 2008 No. 4004

Application for exemption in respect of intellectual

Form 21 23(1)
property rights
Notice of receipt of application for exemption in respect of
Form 22 23(2)
intellectual property rights
Exemption certificate in respect of intellectual property
Form 23 23(4)(a)
rights
Notice of refusal to grant exemption in respect of
Form 24 23(4)(b)
intellectual property rights
Notice of decision of Commission regarding exemption in
Form 25 23(5)
respect of intellectual property rights
Certificate of clearance in respect of intellectual property
Form 26 23(6)
rights
Notice of proposed revocation or amendment of exemption
Form 27 / Revocation of clearance certificate in respect of 24(1)
intellectual property rights
Revocation or amendment of exemption / Revocation of
Form 28 clearance certificate in respect of intellectual property 24(2)
rights
Form 29 Application to Court for pecuniary penalty 24(3)
Form 30 Application for exemption in respect of professional rules 25(1)
Notice of receipt of application for exemption in respect of
Form 31 25(2)
professional rules
Form 32 Exemption certificate in respect of professional rules 25(4)(a)
Notice of refusal to grant exemption in respect of
Form 33 25(4)(b)
professional rules
Notice of decision of Commission regarding exemption in
Form 34 25(5)
respect of professional rules
Form 35 Certificate of clearance in respect of professional rules 25(6)
Notice of proposed revocation of exemption in respect of
Form 36 26(1)
professional rules
Form 37 Revocation of exemption in respect of professional rules 26(2)
Form 38 Merger notice 28
Form 39 Statement of merger information 28
Form 40 Notice of referral to inspector for investigation and report 29
Notice of determination made by Commission in relation
Form 41 30
to proposed merger
Notice of proposed revocation of decision to approve
Form 42 31(1)
implementation of proposed merger
Revocation of decision to approve implementation of
Form 43 31(2)
proposed merger
Notice of application for review of decision of
Form 44 32(1)
Commission in relation to proposed merger
Notice of determination made by Minister in relation to
Form 45 review of decision of Commission in relation to proposed 32(2)
merger
Form 46 Application to Court in terms of section 51 33
Notice from chairperson of Commission regarding
Form 47 37
suffering of alleged damages
No. 4004 Government Gazette 3 March 2008 19

FORM 1

NAMIBIAN COMPETITION COMMISSION

CONFIDENTIALITY CLAIM

COMPETITION ACT, 2003

(Rule 11(1))

To: The Namibian Competition Commission

Concerning:

(Name and file number :)

On a separate sheet of paper, list the following information, and set out the facts and
contentions supporting your claim that the identified information is confidential.

Column 1: The name of the document that contains the confidential information.

Column 2: The page and line number.

Column 3: The name of the undertaking that owns the particular information.

Column 4: The nature of the economic value of the information.

Column 5: The existing restrictions on access to the information

Statement of confidentiality:

I, ___________________________________________________________________,
have compiled or supervised the persons who compiled the attached list. I believe that
the information identified in that list is confidential information as defined in section 1
of the Act.

Name and title of person authorised to sign:

_____________________________________________________________________

Authorised signature: Date:

For office Commission file number: Date filed:

Use only: __________________________ ___________________________
20 Government Gazette 3 March 2008 No. 4004

FORM 2

NAMIBIAN COMPETITION COMMISSION

COMPLAINT

COMPETITION ACT, 2003

(Section 33, Rule 15(1))

To: The Namibian Competition Commission

From:
(Name of person submitting complaint:)

Concerning:
(Name of person whose conduct is the subject of this complaint:)

Description of complaint:
(Provide a concise statement of the conduct that is the subject of this complaint:)

1. Please attach to this form any relevant documents, as well as a typed statement
describing the conduct that is the subject of this complaint, including -

(a) the names of each party involved in the conduct;

(b) the dates on which the conduct occurred;

(c) a statement indicating when and how you became aware of the conduct,
and

(d) any other information you consider relevant.

2. Is the conduct continuing? Yes No

3. If not, when did the conduct end? ___________________________________

Name and title of person authorised to sign:

_____________________________________________________________________

Authorised signature: Date:

No. 4004 Government Gazette 3 March 2008 21

FORM 2 (continue)

For office Commission file number: Date filed

Use only: ________________________ ___________________________

Please note:

If this complaint is lodged by a person other than an individual, please provide contact
details of the person authorised to discuss the complaint.
22 Government Gazette 3 March 2008 No. 4004

FORM 3

NAMIBIAN COMPETITION COMMISSION

NOTICE OF DECISION NOT TO CONDUCT AN INVESTIGATION

COMPETITION ACT, 2003

(Section 33(2), Rule 15(2)(b))

To: _________________________________________________________________

Concerning:

(Name and file number of complaint:)

1. The Commission has received a complaint against the above named respondent
on _____________________________________________________________

2. The Commission gives notice that it has decided not to conduct an investigation
into the alleged infringement concerned.

3. The reasons for the decision of the Commission are as follows:

________________________________________________________________
________________________________________________________________
___________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
___________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

This notice must be sent to the person from whom a complaint has been received.
No. 4004 Government Gazette 3 March 2008 23

FORM 4

NAMIBIAN COMPETITION COMMISSION

NOTICE OF PROPOSED INVESTIGATION

COMPETITION ACT, 2003

(Section 33(3), Rule 16(1))

To: _________________________________________________________________

Concerning:

(Name and file number of complaint:)

1. The Commission has received a complaint against the above named respondent
on: _____________________________________________________________
in relation to the following subject matter: ______________________________
________________________________________________________________
________________________________________________________________

2. The Commission gives notice that it has decided to conduct an investigation into
the alleged infringement concerned.

3. The purpose of the investigation is:

________________________________________________________________
________________________________________________________________
________________________________________________________________
____________________________________________________________

4. You are hereby invited to submit to the Commission within 30 days as from the
date of this notice, any written representations which you may wish to make to
the Commission in connection with any matter to be investigated.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

This notice must be send to every undertaking the conduct of which is to be

investigated.
24 Government Gazette 3 March 2008 No. 4004

FORM 5

NAMIBIAN COMPETITION COMMISSION

NOTICE TO APPEAR BEFORE COMMISSION

COMPETITION ACT, 2003

(Section 33(4), Rule 16(2))

To:

Concerning:

(Name and file number:)

1. The Commission has decided to conduct an investigation concerning the above

mentioned matter.

2. You are required to appear at _______________________________________

and give evidence before the Competition Commission on _________________
_________________________ at _________________o’ clock, in the morning/
afternoon.*

3. You are also required to bring with you:

(a) the documents or items listed on the attached ________ sheet(s); and

(b) any other documents or items in your possession or under your control that
relate to this matter.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Delete whichever is not applicable

No. 4004 Government Gazette 3 March 2008 25

FORM 6

NAMIBIAN COMPETITION COMMISSION

NOTICE OF PROPOSED DECISION OF COMMISSION

IN RELATION TO INVESTIGATION

COMPETITION ACT, 2003

(Section 36(1), Rule 17))

To: _________________________________________________________________

Concerning:

(Name and file number of complaint:)

1. The Commission has received a complaint against the above named respondent
on _____________________________________________________________

2. The Commission proposes to make a decision that -

(a) the Part I prohibition has been infringed;*

(b) the Part II prohibition has been infringed.*

3. The reasons for the proposed decision are:

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

4. The Commission considers to seek the following relief from the Court by way of
the institution of proceedings in accordance with section 38:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

5. In relation to the proposed decision of the Commission you may -

(a) submit written representations to the Commission;

(b) indicate whether you require to an opportunity to make oral representations

to the Commission,

within 30 days as from the date of this notice.

26 Government Gazette 3 March 2008 No. 4004

FORM 6 (Continue)

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Delete whichever is not applicable.

This notice must be send to every undertaking which may be affected by the proposed
decision.
No. 4004 Government Gazette 3 March 2008 27

FORM 7

NAMIBIAN COMPETITION COMMISSION

NOTICE OF ACTION TO BE TAKEN UNDER SECTION 38

COMPETITION ACT, 2003

(Section 41, Rule 18(1))

Concerning:

(Name and file number of complaint:)

1. The Commission has received a complaint against the above named respondent
on _____________________________________ and has given notice of its
proposed decision on __________________________________.

2. The Commission gives notice that it intends to take the following action under
section 38: _______________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

against: *________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

3. The nature of the conduct that is the subject of the action is: ________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Please mention the name of every undertaking involved.

28 Government Gazette 3 March 2008 No. 4004

FORM 8

NAMIBIAN COMPETITION COMMISSION

INSTITUTION OF PROCEEDINGS IN COURT FOR ORDER

COMPETITION ACT, 2003

(Section 38, Rule 18(2))

Concerning:

(Name and file number of complaint:)

1. The Commission has received a complaint against the above named respondent
on _________________________________ and has given notice of its proposed
decision on ________________________________________.

2. The Commission hereby institutes proceedings in the Court for an order:

________________________________________________________________
________________________________________________________________
___________________________________________________________________________________________________________________________
________________________________________________________________

against: _________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

on the grounds: ___________________________________________________

________________________________________________________________
________________________________________________________________
________________________________________________________________

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

Please mention in paragraph 2 the order which the Commission sought, the name(s) of
the undertaking(s) involved and grounds on which the order is sought.
No. 4004 Government Gazette 3 March 2008 29

FORM 9

NAMIBIAN COMPETITION COMMISSION

APPLICATION TO COURT FOR INTERIM ORDER

COMPETITION ACT, 2003

(Section 39(1), Rule 19)

Concerning:

(Name of undertaking concerned)

1. The Commission on reasonable grounds believes that the undertaking(s)

mentioned above: _________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

and that it is necessary for the Commission to act as a matter of urgency for the
purpose -

(a) of preventing serious, irreparable damage to any person or category of

persons; or*

(b) of protecting the public interest.

2. The Commission therefore applies to the Court for an interim order restraining
the undertaking or undertakings from engaging in the conduct referred to in
paragraph 1.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

Please mention in paragraph 1 the conduct of the undertaking on which the application
of the Commission is bases, as contemplated in section 39(1).

* Delete whichever is not applicable.

30 Government Gazette 3 March 2008 No. 4004

FORM 10

NAMIBIAN COMPETITION COMMISSION

NOTICE OF CONSENT AGREEMENT TO BE

SUBMITTED TO COURT

COMPETITION ACT, 2003

(Section 41, Rule 20(1))

Concerning:

(Name and file number of complaint:)

1. The Commission has received a complaint against the above named respondent
on _____________________________________ and has given notice of its
proposed decision on ___________________________________.

2. The Commission gives notice that it intends to submit the attached consent
agreement with: *__________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

to the Court for confirmation as an order of the Court as contemplated in section

40(1) of the Act.

3. The nature of the conduct that is the subject of the consent agreement is: ______
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Please mention the name of every undertaking involved.

No. 4004 Government Gazette 3 March 2008 31

FORM 11

NAMIBIAN COMPETITION COMMISSION

APPLICATION TO COURT FOR CONFIRMATION OF

SETTLEMENT AGREEMENT AS ORDER OF COURT

COMPETITION ACT, 2003

(Section 40(1), Rule 20(2))

Concerning:

(Name and file number of complaint:)

1. The Commission has received a complaint against the above named respondent
on _____________________________________ and has given notice -

(a) of its proposed decision on __________________________________;

(b) in the Gazette of the consent agreement to be submitted to the Court for
confirmation as an order to the Court on _____________________.

2. The Commission hereby applies to the Court for confirmation as an order of the
Court of the attached consent agreement with: *__________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Please mention the name of every undertaking involved.

32 Government Gazette 3 March 2008 No. 4004

FORM 12

NAMIBIAN COMPETITION COMMISSION

APPLICATION FOR EXEMPTION IN RESPECT OF

CERTAIN RESTRICTIVE PRACTICES

COMPETITION ACT, 2003

(Section 27(1), Rule 21(1))

To: The Competition Commission

From:

(Name of Applicant:)

(Name of undertaking:)

1. We apply in terms of section 27(1) of the Act for an exemption from the provisions
of Part I* / Part II* of Chapter 3 of the Act in respect of -

a single agreement a category of agreements

a decision a category of decisions

a concerted practice a category of concerted practices,

as described in the attached document.

2. We seek an exemption for a period of ___________ years.

3. In respect of this matter, has a previous exemption been:

Granted? Yes No

Refused? Yes No

4. If you have answered “yes” to either question above, please provide the case
number for the previous exemption application ________________________.

Name and title of person authorised to sign:

_____________________________________________________________________

Authorised Signature: Date:

For office Commission file number: Date filed:

Use only:
_________________________ ___________________________
No. 4004 Government Gazette 3 March 2008 33

FORM 12 (Continue)

Please note:

1. The following information must be included in your description of the agreement,

decision or practice for which you seek an exemption:

(a) Your address in Namibia for service of documents.

(b) A short description of your business.
(c) A brief description of the agreement, decision or practice which you seek
to have exempted from the application of Chapter 2, and, if an agreement
or decision has already been made, its date, as well as a certified copy
thereof.
(d) The names and addresses of other parties to that agreement, decision or
practice.
(e) The objective in terms of section 28(3) of the Act on which you rely.
(f) The facts and contentions on which you rely.
(g) The sections of the Act that you believe may be contravened by the
agreement, decision, practice, or category of agreements, decisions or
practices you have described, and a motivation for the belief.

2. Generally, information relating to this application is part of the public record.

You have the right to identify information that you believe is confidential, by
completing Form 1 and submitting it with this application.

* Delete whichever is not applicable.

34 Government Gazette 3 March 2008 No. 4004

FORM 13

NAMIBIAN COMPETITION COMMISSION

NOTICE OF RECEIPT OF APPLICATION FOR EXEMPTION

IN RESPECT OF CERTAIN RESTRICTIVE PRACTICES

Competition Act, 2003 (Act No. 2 of 2003)

(Section 27(3), Rule 21(2))

Concerning:

(Name and file number of applicant:)

1. The Commission gives notice that it has received an application for exemption in
respect of certain restrictive practices from the above named applicant on _____
_________________________________________________________.

2. The nature of the exemption sought by the applicant is:____________________

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

3. Interested persons are invited to submit to the Commission, within 30 days as

from the date of this notice, any written representations that they may wish to
make in regard to the application.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

No. 4004 Government Gazette 3 March 2008 35

FORM 14

NAMIBIAN COMPETITION COMMISSION

EXEMPTION CERTIFICATE IN RESPECT OF

CERTAIN RESTRICTIVE PRACTICES

Competition Act, 2003 (Act No. 2 of 2003)

(Section 28(1)(a), Rule 21(4)(a))

To: _________________________________________________________________

(Name and file number of Applicant:)

1. You have applied to the Commission on: _____________________________ for

an exemption in respect of certain restrictive practices, as contemplated in section
27(1) of the Act.

2. Because the agreement, decision or practice concerned contributes to the objective

set out in section 28(3) _____________ *of the Act, the Commission grants an
exemption in terms of section 28(1)(a) of the Act for a period of ___________
years, ending on _____________________________, for:

a single agreement a category of agreements

a decision a category of decisions

a concerted practice a category of concerted practices,

as described in your application. This exemption is subject to:

no conditions

the conditions listed on the attached sheet.

3. The Commission has the authority in terms of section 29(1) of the Act to revoke
or amend this exemption if -

(a) the exemption was granted on materially incorrect or misleading

information;

(b) there has been a material change of circumstances since the exemption was
granted; or

(c) a condition upon which the exemption was granted, has not been complied
with.
36 Government Gazette 3 March 2008 No. 4004

FORM 14 (Continue)

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised Signature: Date

Please note:

* Please insert the appropriate paragraph of section 28(3) of the Act.

No. 4004 Government Gazette 3 March 2008 37

FORM 15

NAMIBIAN COMPETITION COMMISSION

NOTICE OF REFUSAL TO GRANT EXEMPTION

Competition Act, 2003 (Act No. 2 of 2003)

(Section 28(1)(b), Rule 21(4)(b))

To: _________________________________________________________________

(Name and file number of Applicant:)

1. You have applied to the Commission on ______________________________

for an exemption in respect of certain restrictive practices, as contemplated in
section 27(1) of the Act for:

a single agreement a category of agreements

a decision a category of decisions

a concerted practice a category of concerted practices,

as described in your application.

2. After reviewing the information you provided, the Commission refuses to grant
an exemption for the reasons mentioned in the accompanied statement.

Name and title of person authorised to sign on behalf of the Competition

Commission:

_____________________________________________________________________

Authorised Signature: Date

38 Government Gazette 3 March 2008 No. 4004

FORM 16

NAMIBIAN COMPETITION COMMISSION

NOTICE OF DECISION OF COMMISSION

REGARDING EXEMPTION

Competition Act, 2003 (Act No. 2 of 2003)

(Section 28, Rule 21(5))

Concerning:

(Name and file number of applicant:)

1. The above named applicant has applied to the Commission on _______________

_______________ for an exemption in respect of certain restrictive practices, as
contemplated in section 27(1) of the Act for:

a single agreement a category of agreements

a decision a category of decisions

a concerted practice a category of concerted practices,

as described in his or her or its application.

2. The Commission gives notice of its decision in terms of section 28(1)(a)* or (b)*
of its decision to grant * / refuse* the exemption concerned.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Delete whichever is not applicable.

No. 4004 Government Gazette 3 March 2008 39

FORM 17

NAMIBIAN COMPETITION COMMISSION

CERTIFICATE OF CLEARANCE IN RESPECT OF

CERTAIN RESTRICTIVE PRACTICES

Competition Act, 2003 (Act No. 2 of 2003)

(Section 28(1)(c), Rule 21(6))

To: _________________________________________________________________.

(Name and file number of Applicant:)

1. You have applied to the Commission on ______________________________

for an exemption in respect of certain restrictive practices, as contemplated in
section 27(1) of the Act for:

a single agreement a category of agreements

a decision a category of decisions

a concerted practice a category of concerted practices,

as described in your application.

2. In the opinion of the Commission, based on the facts in its possession, the
agreement, decision or concerted practice or the category of agreements, decisions
or concerted practices concerned, does not constitute an infringement of the Part
I* / Part II* prohibition as contemplated in section 28(1)(c) of the Act.

Name and title of person authorised to sign on behalf of the Competition

Commission:

_____________________________________________________________________

Authorised Signature: Date

Please note:

* Delete whichever is not applicable.

40 Government Gazette 3 March 2008 No. 4004

FORM 18

NAMIBIAN COMPETITION COMMISSION

NOTICE OF PROPOSED REVOCATION OR AMENDMENT OF

EXEMPTION / REVOCATION OF CLEARANCE CERTIFICATE

Competition Act, 2003 (Act No. 2 of 2003)

(Section 29(2)(a) and (b), Rule 22(1))

To: _________________________________________________________________

Concerning:

(Name and file number of applicant:)

1. The Commission has issued an exemption certificate* / clearance certificate* to

the above named applicant on ____________________________________.

2. The Commission gives notice that it intends to revoke* / amend* the exemption
concerned* / revoke the clearance certificate concerned* on the ground that -

(a) the exemption was granted* / the certificate of clearance* was issued on
materially incorrect* / misleading information*;*

(b) there has been a material change of circumstances since the exemption was
granted* / the certificate was issued*;*

(c) a condition upon which an exemption was granted has not been complied
with. *

3. You may submit to the Commission, within 30 days as from the date of receipt
of this notice, any written representations that you may wish to make in regard
to the proposed revocation* / amendment* of the exemption* / revocation of the
clearance certificate*.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note: * Delete whichever is not applicable.

No. 4004 Government Gazette 3 March 2008 41

FORM 19

NAMIBIAN COMPETITION COMMISSION

REVOCATION OR AMENDMENT OF EXEMPTION /

REVOCATION OF CLEARANCE CERTIFICATE

Competition Act, 2003 (Act No. 2 of 2003)

(Section 29(1)(a) and (b), Rule 22(2))

To: _________________________________________________________________

Concerning:

(Name and file number of applicant:)

1. The Commission has issued an exemption certificate* / clearance certificate*

to the above named applicant on _____________________________________,
and has given notice on ________________________________ that it intends
to revoke* / amend* the exemption concerned* / revoke the clearance certificate
concerned*.

2. The Commission hereby, in terms of section 29(1) of the Act, revokes* / amends*
the exemption concerned* / revokes the clearance certificate concerned* on the
ground that -

(a) the exemption was granted* / the certificate of clearance* was issued on
materially incorrect* / misleading information*;*

(b) there has been a material change of circumstances since the exemption was
granted* / the certificate was issued*;*

(c) a condition upon which an exemption was granted has not been complied
with. *

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note: * Delete whichever is not applicable.

42 Government Gazette 3 March 2008 No. 4004

FORM 20

NAMIBIAN COMPETITION COMMISSION

APPLICATION TO COURT FOR PECUNIARY PENALTY

Competition Act, 2003 (Act No. 2 of 2003)

(Section 29(3), Rule 22(3))

Concerning:

(Name and file number of applicant:)

1. The Commission has granted an exemption to the above named applicant for an
exemption in respect of certain restrictive practices, as contemplated in section
27(1) of the Act and has issued an exemption certificate to the above named
applicant on _____________________________________.

2. The exemption concerned has been made subject to the conditions listed on the
attached sheet.

3. Due to the fact that there has been non-compliance with a condition of the
exemption concerned, namely _______________________________________
________________________________________________________________
________________________________________________________________
__________________________________________________________________________________________________________________________
________________________________________________________________,

the Commission hereby applies to the Court for the imposition of a pecuniary
penalty of N$_________-____ in respect of the non-compliance concerned.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

No. 4004 Government Gazette 3 March 2008 43

FORM 21

NAMIBIAN COMPETITION COMMISSION

APPLICATION FOR EXEMPTION IN RESPECT OF

INTELLECTUAL PROPERTY RIGHTS

Competition Act, 2003 (Act No. 2 of 2003)

(Section 30(1)), Rule 23(1))

To: The Competition Commission

From:

(Name of Applicant:)

(Name of undertaking:)

1. We apply in terms of section 30(1) of the Act for an exemption from the provisions
of Part I* / Part II* of Chapter 3 of the Act in respect of -

a single agreement a category of agreements

a concerted practice a category of concerted practices,

relating to the exercise of any right or interest acquired or protected in terms of

any law relating to copyright, patents, designs, trade marks, plant varieties or any
other intellectual property rights, as described in the attached document.

2. We seek an exemption for a period of ___________ years.

3. In respect of this matter, has a previous exemption been:

Granted? Yes No

Refused? Yes No

4. If you have answered “yes” to either question above, please provide the case
number for the previous exemption application ________________________.

Name and title of person authorised to sign:

_____________________________________________________________________

Authorised Signature: Date:

For office Commission file number: Date filed:

Use only:
_______________________________ ___________________________
44 Government Gazette 3 March 2008 No. 4004

FORM 21 (Continue)

Please note:

1. The following information must be included in your description of the agreement

or practice for which you seek an exemption:

(a) Your address in Namibia for service of documents.

(b) A short description of your business.
(c) A brief description of the agreement or practice which you seek to have
exempted from the application of Chapter 2, and, if an agreement has
already been made, its date, as well as a certified copy thereof.
(d) The names and addresses of other parties to that agreement or practice.
(e) The objective in terms of section 28(3) of the Act on which you rely.
(f) The facts and contentions on which you rely.
(g) The sections of the Act that you believe may be contravened by the
agreement, practice, or category of agreements or practices you have
described, and a motivation for the belief.

2. Generally, information relating to this application is part of the public record.

You have the right to identify information that you believe is confidential, by
completing Form 1 and submitting it with this application.

* Delete whichever is not applicable.

No. 4004 Government Gazette 3 March 2008 45

FORM 22

NAMIBIAN COMPETITION COMMISSION

NOTICE OF RECEIPT OF APPLICATION FOR EXEMPTION

IN RESPECT OF INTELLECTUAL PROPERTY RIGHTS

Competition Act, 2003 (Act No. 2 of 2003)

(Section 30(2)), Rule 23(2))

Concerning:

(Name and file number of applicant:)

1. The Commission gives notice that it has received an application for exemption
from the above-named applicant in respect of an agreement or practice relating
to the exercise of any right or interest acquired or protected in terms of any law
relating to copyright, patents, designs, trade marks, plant varieties or any other
intellectual property rights on _______________________________.

2. The nature of the exemption sought by the applicant is:____________________

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

3. Interested persons are invited to submit to the Commission, within 30 days as

from the date of this notice, any written representations that they may wish to
make in regard to the application.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

46 Government Gazette 3 March 2008 No. 4004

FORM 23

NAMIBIAN COMPETITION COMMISSION

EXEMPTION CERTIFICATE IN RESPECT OF

INTELLECTUAL PROPERTY RIGHTS

Competition Act, 2003 (Act No. 2 of 2003)

(Section 30(1), Rule 23(4)(a))

To: _________________________________________________________________

(Name and file number of Applicant:)

1. You have applied to the Commission on: _____________________________ for

an exemption in respect of intellectual property rights, as contemplated in section
30(1) of the Act.

2. After reviewing the information you provided, the Commission grants an

exemption in terms of section 30(1) of the Act in respect of an agreement or
practice relating to the exercise of any right or interest acquired or protected
in terms of any law relating to copyright, patents, designs, trade marks, plant
varieties or any other intellectual property rights as described in your application.
This exemption is subject to:

no conditions

the conditions listed on the attached sheet.

3. The Commission has the authority in terms of section 30(2) of the Act to revoke
or amend this exemption if -

(a) the exemption was granted on materially incorrect or misleading

information;

(b) there has been a material change of circumstances since the exemption was
granted; or

(c) a condition upon which the exemption was granted, has not been complied
with.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised Signature: Date

No. 4004 Government Gazette 3 March 2008 47

FORM 24

NAMIBIAN COMPETITION COMMISSION

NOTICE OF REFUSAL TO GRANT EXEMPTION IN

RESPECT OF INTELLECTUAL PROPERTY RIGHTS

Competition Act, 2003 (Act No. 2 of 2003)

(Section 30(1), Rule 23(4)(b))

To:

(Name and file number of Applicant:)

1. You have applied to the Commission on: _____________________________ for

an exemption in respect of intellectual property rights, as contemplated in section
30(1) of the Act for:

a single agreement a category of agreements

a concerted practice a category of concerted practices,

as described in your application.

2. After reviewing the information you provided the Commission refuses to grant an
exemption for the reasons mentioned in the accompanied statement.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised Signature: Date

48 Government Gazette 3 March 2008 No. 4004

FORM 25

NAMIBIAN COMPETITION COMMISSION

NOTICE OF DECISION OF COMMISSION REGARDING EXEMPTION

IN RESPECT OF INTELLECTUAL PROPERTY RIGHTS

Competition Act, 2003 (Act No. 2 of 2003)

(Section 30(2), Rule 23(5))

Concerning:

(Name and file number of applicant:)

1. The above named applicant has applied to the Commission on ______________

________________ for an exemption in respect of intellectual property rights as
contemplated in section 30(1) of the Act for:

a single agreement a category of agreements

a concerted practice a category of concerted practices,

as described in his or her or its application.

2. The Commission gives notice of its decision in terms of section 30(1) of the Act
of its decision to grant * / refuse* the exemption concerned.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Delete whichever is not applicable.

No. 4004 Government Gazette 3 March 2008 49

FORM 26

NAMIBIAN COMPETITION COMMISSION

CERTIFICATE OF CLEARANCE IN RESPECT OF

INTELLECTUAL PROPERTY RIGHTS

Competition Act, 2003 (Act No. 2 of 2003)

(Section 30(2), Rule 23(6))

To: _________________________________________________________________.

(Name and file number of Applicant:)

1. You have applied to the Commission on: _____________________________ for

an exemption in respect of intellectual property rights, as contemplated in section
30(1) of the Act for:

a single agreement a category of agreements

a concerted practice a category of concerted practices,

as described in your application.

2. In the opinion of the Commission, based on the facts in its possession, the
agreement or concerted practice or the category of agreements or concerted
practices concerned, does not constitute an infringement of the Part I* / the Part
II* prohibition as contemplated in section 30(1) of the Act.

Name and title of person authorised to sign on behalf of the Competition

Commission:

_____________________________________________________________________

Authorised Signature: Date

Please note:

* Delete whichever is not applicable.

50 Government Gazette 3 March 2008 No. 4004

FORM 27

NAMIBIAN COMPETITION COMMISSION

NOTICE OF PROPOSED REVOCATION OR AMENDMENT OF

EXEMPTION / REVOCATION OF CLEARANCE CERTIFICATE
IN RESPECT OF INTELLECTUAL PROPERTY RIGHTS

Competition Act, 2003 (Act No. 2 of 2003)

(Section 30(2), Rule 24(1))

To: _________________________________________________________________

Concerning:

(Name and file number of applicant:)

1. The Commission has issued an exemption certificate* / clearance certificate* to

the above named applicant on ____________________________________.

2. The Commission gives notice that it intends to revoke* / amend* the exemption
concerned* / revoke the clearance certificate concerned* on the ground that -

(a) the exemption was granted* / the certificate of clearance* was issued on
materially incorrect* / misleading information*;*

(b) there has been a material change of circumstances since the exemption was
granted* / the certificate was issued*;*

(c) a condition upon which an exemption was granted has not been complied
with. *

3. You may submit to the Commission, within 30 days as from the date of receipt
of this notice, any written representations that you may wish to make in regard
to the proposed revocation* / amendment* of the exemption* / revocation of the
clearance certificate*.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note: * Delete whichever is not applicable.

No. 4004 Government Gazette 3 March 2008 51

FORM 28

NAMIBIAN COMPETITION COMMISSION

REVOCATION OR AMENDMENT OF EXEMPTION / REVOCATION

OF CLEARANCE CERTIFICATE IN RESPECT OF
INTELLECTUAL PROPERTY RIGHTS

Competition Act, 2003 (Act No. 2 of 2003)

(Section 30(2), Rule 24(2))

To: _________________________________________________________________

Concerning:

(Name and file number of applicant:)

1. The Commission has issued an exemption certificate* / clearance certificate*

to the above named applicant on _____________________________________,
and has given notice on ________________________________ that it intends
to revoke* / amend* the exemption concerned* / revoke the clearance certificate
concerned*.

2. The Commission hereby, in terms of section 30(2) of the Act, revokes* / amends*
the exemption concerned* / revokes the clearance certificate concerned* on the
ground that -

(a) the exemption was granted* / the certificate of clearance* was issued on
materially incorrect* / misleading information*;*

(b) there has been a material change of circumstances since the exemption was
granted* / the certificate was issued*;*

(c) a condition upon which an exemption was granted has not been complied
with. *

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note: * Delete whichever is not applicable.

52 Government Gazette 3 March 2008 No. 4004

FORM 29

NAMIBIAN COMPETITION COMMISSION

APPLICATION TO COURT FOR PECUNIARY PENALTY

Competition Act, 2003 (Act No. 2 of 2003)

(Section 30(2), Rule 24(3))

Concerning:

(Name and file number of applicant:)

1. The Commission has granted an exemption to the above named applicant in

respect of an agreement or practice relating to the exercise of any right or interest
acquired or protected in terms of any law relating to copyright, patents, designs,
trade marks, plant varieties or any other intellectual property rights. on _______
________________________.

2. The exemption concerned has been made subject to the conditions listed on the
attached sheet.

3. Due to the fact that there has been non-compliance with a condition of the
exemption concerned, namely _______________________________________
________________________________________________________________
________________________________________________________________
__________________________________________________________________________________________________________________________
________________________________________________________________,

the Commission hereby applies to the Court for the imposition of a pecuniary
penalty of N$_________-____ in respect of the non-compliance concerned.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

No. 4004 Government Gazette 3 March 2008 53

FORM 30

NAMIBIAN COMPETITION COMMISSION

APPLICATION FOR EXEMPTION IN RESPECT

OF PROFESSIONAL RULES

Competition Act, 2003 (Act No. 2 of 2003)

(Section 31(1), Rule 25(1))

To: The Competition Commission

From:

(Name of applicant association:)

1. We apply in terms of section 31(1) of the Act to exempt the professional rules of
the applicant association from the provisions of Part I* / Part II* of Chapter 3 of
the Act.

2. This profession is registered** is not registered** in terms of

a particular Act: ___________________________________________________
__________________________________________ (insert name of Act).

3. We seek an exemption for a period of ___________ years.

4. The exemption is required in order to maintain -

Professional the orderly function of the

Standards profession,

as motivated in the attached document, which also sets out -

(a) our address in Namibia for service of documents;

(b) the facts and contentions on which we rely; and

(c) the sections of the Act which we believe our rules may contravene, and a
motivation for that belief.

6. Name of Minister concerned: _______________________________________

Authorised Signature: Date:

For office Commission file number: Date filed:

Use only: ________________________ ______________________
54 Government Gazette 3 March 2008 No. 4004

FORM 30 (Continue)

Please note:

1. Generally, information relating to this application is part of the public record. You
have a right to identify information that you believe is confidential, by completing
Form 1 and submitting it with this application.

* Delete whichever is not applicable.

** If the applicant association is registered, attach a copy of the registration certificate,

or other comparable proof of registration.
No. 4004 Government Gazette 3 March 2008 55

FORM 31

NAMIBIAN COMPETITION COMMISSION

NOTICE OF RECEIPT OF APPLICATION FOR EXEMPTION

IN RESPECT OF PROFESSIONAL RULES

Competition Act, 2003 (Act No. 2 of 2003)

(Section 31(3)), Rule 25(2))

Concerning:

(Name and file number of applicant association)

1. The Commission gives notice that it has on ____________________________

received an application from the above-named applicant association for exemption
from the provisions of Part 1* / Part * of Chapter 3 of the Act in respect of
professional rules.

2. The nature of the exemption sought by the applicant is:____________________

________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

3. Interested persons are invited to submit to the Commission, within 30 days as

from the date of this notice, any written representations that they may wish to
make concerning the application.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Delete whichever is not applicable.

56 Government Gazette 3 March 2008 No. 4004

FORM 32

NAMIBIAN COMPETITION COMMISSION

EXEMPTION CERTIFICATE IN RESPECT OF

PROFESSIONAL RULES

Competition Act, 2003 (Act No. 2 of 2003)

(Section 31(4), Rule 25(4)(a)

To:

(Name and file number of applicant association:)

1. You have applied to the Commission on: _____________________________ for

an exemption in respect of professional rules, as contemplated in section 31(1) of
the Act.

2. After reviewing the information you provided and after consulting with the
responsible Minister, the Commission grants an exemption in terms of section
31(4) of the Act in respect of all the professional rules* / part of the professional
rules as indicated on the attached sheet*. This exemption is subject to:

no conditions

the conditions listed on the attached sheet.

3. The Commission has the authority in terms of section 31(5) of the Act to revoke
this exemption if the Commission considers that any rules, either wholly or any
part thereof should no longer be exempt under section 31.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised Signature: Date

Please note:

* Delete whichever is not applicable.

No. 4004 Government Gazette 3 March 2008 57

FORM 33

NAMIBIAN COMPETITION COMMISSION

NOTICE OF REFUSAL TO GRANT EXEMPTION

IN RESPECT OF PROFESSIONAL RULES

Competition Act, 2003 (Act No. 2 of 2003)

(Section 31(4), Rule 25(4)(b))

To:

(Name and file number of applicant association:)

1. You have applied to the Commission on: _____________________________ for

an exemption in respect of professional rules, as contemplated in section 31(1) of
the Act.

2. After reviewing the information you provided the Commission refuses to grant an
exemption for the reasons mentioned in the accompanied statement.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised Signature: Date

58 Government Gazette 3 March 2008 No. 4004

FORM 34

NAMIBIAN COMPETITION COMMISSION

NOTICE OF DECISION OF COMMISSION REGARDING

EXEMPTION IN RESPECT OF PROFESSIONAL RULES

Competition Act, 2003 (Act No. 2 of 2003)

(Section 31(4), Rule 25(5))

Concerning:

(Name and file number of applicant association:)

1. The above named applicant association has applied to the Commission on _____
_________________________ for an exemption in respect of professional rules
as contemplated in section 31(1) of the Act.

2. The Commission gives notice of its decision in terms of section 31(4)(c) of the
Act of its decision to grant * / refuse* the exemption concerned.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Delete whichever is not applicable.

No. 4004 Government Gazette 3 March 2008 59

FORM 35

NAMIBIAN COMPETITION COMMISSION

CERTIFICATE OF CLEARANCE IN RESPECT

OF PROFESSIONAL RULES

Competition Act, 2003 (Act No. 2 of 2003)

(Section 31, Rule 25(6))

To:

(Name and file number of applicant association:)

1. You have applied to the Commission on: _____________________________ for

an exemption in respect of professional rules, as contemplated in section 31(1) of
the Act.

2. In the opinion of the Commission, based on the facts in its possession, the
professional rules concerned do not contain a restriction that has the effect of
preventing or substantially lessening competition in a market as contemplated in
section 31(1) of the Act.

Name and title of person authorised to sign on behalf of the Competition

Commission:

_____________________________________________________________________

Authorised Signature: Date

60 Government Gazette 3 March 2008 No. 4004

FORM 36

NAMIBIAN COMPETITION COMMISSION

NOTICE OF PROPOSED REVOCATION OF EXEMPTION

IN RESPECT OF PROFESSIONAL RULES

Competition Act, 2003 (Act No. 2 of 2003)

(Section 31(5), Rule 26(1))

To: _________________________________________________________________

Concerning:

(Name and file number of applicant association:)

1. The Commission has issued an exemption certificate to the above named applicant
association on __________________________________________.

2. The Commission considers, after it has consulted the responsible Minister

concerned, that the professional rules * / part of the professional rules as indicated
on the attached sheet* should no longer be exempt under section 31(1) of the Act,
and gives notice that it intends to revoke the exemption concerned.

3. You may submit to the Commission, within 30 days as from the date of this
notice, any written representations that you may wish to make in regard to the
proposed revocation of the exemption.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Delete whichever is not applicable.

No. 4004 Government Gazette 3 March 2008 61

FORM 37

NAMIBIAN COMPETITION COMMISSION

REVOCATION OF EXEMPTION IN RESPECT

OF PROFESSIONAL RULES

Competition Act, 2003 (Act No. 2 of 2003)

(Section 31(5), Rule 26(2))

To: _________________________________________________________________

Concerning:

(Name and file number of applicant:)

1. The Commission has issued an exemption certificate*to the above named

applicant association on _____________________________________, and has
given notice on ________________________________ that it intends to revoke
the exemption concerned.

2. The Commission hereby, in terms of section 31(5) of the Act, revokes the
exemption concerned on the ground that the Commission considers that the
professional rules* / part of the professional rules as indicated on the attached
sheet* should no longer be exempt under section 31 of the Act.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Delete whichever is not applicable.

62 Government Gazette 3 March 2008 No. 4004

FORM 38

NAMIBIAN COMPETITION COMMISSION

MERGER NOTICE

Competition Act, 2003 (Act No. 2 of 2003)

(Section 44(1), Rule 28)

To: The Competition Commission

From:

(Name, address and contact numbers of undertaking reporting the merger)

1. Please take notice of a proposed merger as contemplated in section 44(1) of the

Act involving the reporting undertaking as -

the primary the primary

acquiring undertaking target undertaking

and involving
_____________________________________________________________, as

the primary the primary

acquiring undertaking target undertaking.

2. A summary of the effect of the proposed merger on employment, is attached as

Schedule 1 to this Notice.

3. Particulars of the merger are set out in the attached Statement of Merger
Information in the form of Form 38, which forms part of this Notice.

4. Notices and other documents concerning this merger may be served on the
following person at the address and contact number shown below:

For office Commission file number: Date filed:

Use only:
_______________________________ ___________________________

(Name and file number of merger:)

No. 4004 Government Gazette 3 March 2008 63

FORM 38 (Continue)

Certification of Accuracy:

I, ____________________________________________________________ ,
have prepared, or supervised those who prepared, this Merger Notice.

To the best of my knowledge, the information contained in this document, and the
attachments to it, is true, correct and complete in terms of the Act and Rules made in
terms thereof, except to the extent that I have indicated -

(a) that requested data is not available in books or records, and reasonable estimates
have been used instead; or

(b) complete information has not been provided because it is unavailable, in which
case I have attached an affidavit sworn by me, explaining why the information is
unavailable.

I understand -

(a) that it is an offence in terms of the Act to provide false information to the
Commission in any manner, including in these documents; and

(b) that section 63 of the Act provides for a penalty of a fine, or imprisonment,
or both, if I am found guilty of knowingly providing false information to the
Commission.

Name and title of person authorised to sign:

_____________________________________________________________________

Authorised Signature: Date:

For office Commission file number: Date filed:

Use only:
_______________________________ ___________________________

Please note:

1. Two copies of this form, and Schedule 1 as noted, together with a completed
Statement of Merger Information in Form 38 must be filed in accordance with
Rules 27 and 28.

2. Complete and sign the Statement of Accuracy on the second page.

3. If any required information is not available, please attach a sworn affidavit

explaining why that information is unavailable.

4. An approval or conditional approval of a merger may be revoked, if it is

subsequently discovered that this Notice does not provide correct and complete
information.
64 Government Gazette 3 March 2008 No. 4004

FORM 39

NAMIBIAN COMPETITION COMMISSION

STATEMENT OF MERGER INFORMATION

Competition Act, 2003 (Act No. 2 of 2003)

(Section 44, Rule 28)

To: The Competition Commission

From:

(Name of undertaking filing this Statement)

1. The undertaking filing this statement is:

The primary acquiring undertaking

The primary target undertaking

2. In a separate document, titled Schedule 2, provide the following information in

the order listed in subparagraphs (a) to (h):

(a) State the name and principal business address of the party filing this
Notice.
(b) State the name and principal business address of all undertakings directly
controlling you.
(c) List the name and principal business address of each undertaking directly
or indirectly controlled by each undertaking referred to in subparagraph
(b).
(d) List the name and principal business address of each undertaking you
directly or indirectly control.
(e) If you are an acquiring party, and you or any of the undertakings controlling
you are owned or controlled by historically disadvantaged persons as
defined in section 1 of the Act, state the name(s) of the person(s) and the
nature and extent of their ownership or control.
(f) State your annual turnover in, into or from Namibia for your preceding
financial year and the range of months covered by your financial year.
(g) State the value of your assets in Namibia as of the end of your preceding
financial year, and as of the date of the Merger Notice.
(h) State your annual turnover in, into or from Namibia as of the date of the
Merger Notice.

For office Commission file number: Date filed:

Use only:
_______________________________ ___________________________
No. 4004 Government Gazette 3 March 2008 65

FORM 39 (Continue)

3. In a separate document, titled Schedule 3, provide the following information in

the order listed in subparagraphs (a) to (e):

(a) Indicate whether the party filing this Notice is -

(i) acquiring assets, shares, or other interests;

(ii) selling assets, shares, or other interests;
(iii) acquiring and selling assets, shares, or other interests.

(b) Indicate whether the transaction involves -

(i) foreign direct investment;

(ii) a management buy-out;
(iii) a buy-back of shares.

(c) Describe the merger, including the parties to the transaction; the assets,
shares, or other interests being acquired; whether the assets, shares, or other
interests are being purchased, leased, combined or otherwise transferred;
the consideration, the contemplated timing for any major events required
to bring about the completion of the transaction; and the intended structure
of ownership and control of the completion of the merger.

(d) Unless you have submitted a report addressing the issues listed below,
please provide the following details:

(i) the estimated market shares of the merging parties and their
competitors;
(ii) information concerning barriers to entry, such as regulatory
requirements, capital requirements and sunk costs, the time it will
take for potential entrants to enter the market, the names and contact
details of entrants to the market during the past three years;
(iii) information concerning import competition, such as existing import
duties;
(iv) countervailing power (customers or suppliers).

(e) If you are relying on a “failing undertaking defence”, please include the
following information:

(i) financial information demonstrating that the undertaking will be

unable to meet its financial obligations in future;
(ii) information concerning efforts taken to elicit reasonable alternative
offers;
(iii) information indicating that the failing undertaking would reasonably
be expected to exit the market unless the merger is implemented.

4. In a separate document, titled Schedule 4, provide the following information in

the order listed in subparagraphs (a) to (e):

(a) Identify each product that you or another acquiring undertaking (or
target undertaking, if applicable) sell, and each service you or that other
undertaking provide in, into or from Namibia. In addition, identify any
products or services that you believe are considered by buyers as reasonably
interchangeable with, or a substitute for, a product or service provided
66 Government Gazette 3 March 2008 No. 4004

FORM 39 (Continue)

in, into or from Namibia by another party to the merger. Use the 5 digit
standard industrial codes to identify products, if possible.

(b) For each identified product or service, state the geographical area(s) in
Namibia in which you sell.

(c) For each identified product or service, identify, and provide contact details
for the five producers or providers in each identified geographic area with
the largest estimated turnover in value, and their estimated share of the
total turnover during the last full 12 months.

(d) For each identified product or service, state your turnover in each identified
geographic area during the last full 12 months.

(e) For each identified product or service, identify and provide contact details
for your five customers in each identified geographic area with the largest
aggregate purchases in value during the last full 12 months.

5. In a separate document, titled Schedule 5 -

(a) state the name of any other acquiring undertaking (or target undertaking, if
applicable), that sells to you;

(b) identify each product or service sold;

(c) for each such product or service, show the value of that product or service
sold during your preceding financial year.

Certification of Accuracy:

1, __________________________________________________________________ ,
have prepared, or supervised those who prepared, this Statement of Merger
Information.

To the best of my knowledge, the information contained in this document, and the
attachments to it, is true, correct and complete in terms of the Act and Rules, except to
the extent that I have indicated -

(a) that requested data is not available in books or records, and reasonable
estimates have been used instead; or

(b) complete information has not been provided because it is unavailable, in

which case I have attached an affidavit sworn by me, explaining why the
information is unavailable.

I understand -

(a) that it is an offence in terms of the Act to provide false information to the
Commission in any manner, including in these documents; and

(b) that section 63 of the Act provide for a penalty of a fine, or imprisonment,
or both, if I am found guilty of knowingly providing false information to
the Commission.
No. 4004 Government Gazette 3 March 2008 67

Name and title of person authorised to sign:

_____________________________________________________________________

Authorised Signature: Date:

Please note:

1. Attach to this Form the following items -

(a) the most recent version of all documents constituting the merger
agreement;
(b) each report or other document assessing the transaction with respect to
competitive conditions;
(c) any document, including minutes, reports, presentations and summaries,
prepared for the Board of Directors regarding the transaction;
(d) your most recent business plan.

2. If any required information is not available, you must attach a sworn affidavit
explaining why that information is unavailable.

3. Approval or conditional approval of a merger may be revoked if it is subsequently

discovered that this Statement of Information is not accurate.

4. Until the Commission has reached a decision concerning the merger, you must
submit any revised or final version of each document referred to in paragraph 1
above, as it becomes available.

5. When describing the merger, please indicate any relevant facts concerning the
impact of the merger on employment, or other public interest issues contemplated
in section 47(2)(a) to (h) of the Act.

6. You may include any other relevant information that you want the Commission to
consider.

7. Approval or conditional approval of a merger may be revoked if it is subsequently

discovered that this Statement of Information is not accurate.

8. Generally, information relating to this merger is not part of the public record
while the Commission is considering the merger.

9. You have a right to identify information that you believe is confidential, by

completing Form 1 and submitting it with this Statement.

10. If any required information is not available, please attach a sworn affidavit
explaining why that information is unavailable.
68 Government Gazette 3 March 2008 No. 4004

FORM 40

NAMIBIAN COMPETITION COMMISSION

NOTICE OF REFERRAL TO INSPECTOR FOR

INVESTIGATION AND REPORT

Competition Act, 2003 (Act No. 2 of 2003)

(Section 47(3), Rule 29)

To: _________________________________________________________________

Concerning:

(Name and file number of proposed merger:)

1. The Commission has received notification of the abovementioned proposed

merger on ______________________________________________________.

2. Please note that the Commission has referred the particulars of the proposed
merger to an inspector for investigation and a report in relation to the criteria
referred to in section 47(1) of the Act.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

No. 4004 Government Gazette 3 March 2008 69

FORM 41

NAMIBIAN COMPETITION COMMISSION

NOTICE OF DETERMINATION MADE BY COMMISSION

IN RELATION TO PROPOSED MERGER

Competition Act, 2003 (Act No. 2 of 2003)

(Section 47(7), Rule 30)

To: _________________________________________________________________

Concerning:

(Name and file number of proposed merger:)

1. The Commission has received notification of the abovementioned proposed

merger on ______________________________________________________.

2. Please note that the Commission has approved* / conditionally approved* /

prohibited* the proposed merger.

3. The approval* / conditional approval* of the proposed merger is subject to:

no conditions

the conditions listed on the attached sheet.

4. The reasons for the conditional approval* / prohibition* of the proposed merger
are: ____________________________________________________________
________________________________________________________________
________________________________________________________________
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

5. The Commission has the authority in terms of section 48(1) of the Act to revoke
a decision approving the implementation of a proposed merger if -

(a) the decision was based on materially incorrect or misleading information for
which a party to the merger is responsible; or

(b) any condition attached to the approval of the merger that is material to the
implementation is not complied with.
70 Government Gazette 3 March 2008 No. 4004

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________
Authorised signature: Date:

Please note:

* Delete whichever is not applicable.

No. 4004 Government Gazette 3 March 2008 71

FORM 42

NAMIBIAN COMPETITION COMMISSION

NOTICE OF PROPOSED REVOCATION OF DECISION TO

APPROVE IMPLEMENTATION OF PROPOSED MERGER

Competition Act, 2003 (Act No. 2 of 2003)

(Section 48(2), Rule 31(1))

To: _________________________________________________________________

Concerning:

(Name and file number of approved merger:)

1. The Commission has given notice of its decision to approve* / conditionally

approve* the implementation of the above-mentioned approved merger on ____
__________________________________________________________.

2. The Commission gives notice that it proposes to revoke its decision to approve* /
conditionally approve* the implementation of the approved merger concerned on
the ground that -

(a) the decision was based on materially incorrect or misleading information

for which a party to the merger is responsible*; or

(b) any condition attached to the approval of the merger that is material to the
implementation is not complied with.*

3. You may submit to the Commission, within 30 days as from the date of receipt
of this notice, any written representations that you may wish to make in regard to
the proposed revocation of the decision to approve* / conditionally approve* the
implementation of the above-mentioned approved merger.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Delete whichever is not applicable.

72 Government Gazette 3 March 2008 No. 4004

FORM 43

NAMIBIAN COMPETITION COMMISSION

REVOCATION OF DECISION TO APPROVE

IMPLEMENTATION OF PROPOSED MERGER

Competition Act, 2003 (Act No. 2 of 2003)

(Section 48(1), Rule 31(2))

To: _________________________________________________________________

Concerning:

(Name and file number of approved merger:)

1. The Commission has given notice on ________________________________

that it intends to revoke its decision to approve* / conditionally approve* the
implementation of the above-mentioned approved merger.

2. The Commission hereby, in terms of section 48(1) of the Act, revokes its decision
to approve* / conditionally approve* the implementation of the above-mentioned
approved merger on the ground that -

(a) the decision was based on materially incorrect or misleading information

for which a party to the merger is responsible*; or

(b) any condition attached to the approval of the merger that is material to the
implementation is not complied with.*

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Delete whichever is not applicable.

No. 4004 Government Gazette 3 March 2008 73

FORM 44

MINISTRY OF TRADE AND INDUSTRY

NOTICE OF APPLICATION FOR REVIEW OF DECISION OF COMMISSION

IN RELATION TO PROPOSED MERGER

Competition Act, 2003 (Act No. 2 of 2003)

(Section 49(2), Rule 32(1))

Concerning:

(Name and file number of proposed merger:)

1. Please take notice that the Commission has on ___________________________

approved* / conditionally approved* / prohibited* the proposed merger.

2. Notice is hereby given that I have on __________________________________

received an application from _________________________________________
________________________________________________________________
________________________________________________________________
for review of the decision of the Commission in relation to the merger
concerned.

3. The nature of the review is: _________________________________________

________________________________________________________________
________________________________________________________________
__________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________

Interested parties are invited to make written submissions, within 30 days after
the date of this notice, to me in regard to any matter to be reviewed.

______________________________________ _______________________
Signature of Minister of Trade and Industry Date

Please note:

* Delete whichever is not applicable.

74 Government Gazette 3 March 2008 No. 4004

FORM 45

MINISTRY OF TRADE AND INDUSTRY

NOTICE OF DETERMINATION MADE BY MINISTER IN

RELATION TO REVIEW OF DECISION OF COMMISSION
IN RELATION TO PROPOSED MERGER

Competition Act, 2003 (Act No. 2 of 2003)

(Section 49(4), Rule 32(2))

To: _________________________________________________________________

Concerning:

(Name and file number of proposed merger:)

1. Please take note that I have on _______________________________________

received from ____________________________________________________
________________________________________________________________
an application for review of the decision of the Commission in relation to the
merger concerned.

2. Notice is hereby given that I have determined to -

(a) overturn the decision of the Commission;*

(b) amend the decision of the Commission by ordering the following

restrictions* / including the following conditions*;*

(c) confirm the decision of the Commission.*

4. The reasons for the determination contemplated in paragraph 2 above are set out
on the attached sheet.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Delete whichever is not applicable.

No. 4004 Government Gazette 3 March 2008 75

FORM 46

NAMIBIAN COMPETITION COMMISSION

APPLICATION TO COURT IN TERMS OF SECTION 51

Competition Act, 2003 (Act No. 2 of 2003)

(Section 51, Rule 33)

Concerning:

(Name and file number of proposed merger:)

1. The Commission on reasonable grounds believes that the above mentioned

merger is being* / has been implemented* in contravention of the provisions of
Chapter 4 of the Act, and therefore applies to the Court for -

(a) an interdict restraining the parties involved from implementing the

merger;*

(b) an order directing any party to the merger to sell or dispose of in any
other specified manner, any shares, interest or other assets it has acquired
pursuant to the merger;*

(c) declaring void any agreement or provision of an agreement to which the

merger was subject;*

(d) the imposition of a pecuniary penalty of N$____________-____.*

2. The reasons of the Commission for the belief mentioned in paragraph 1 above are
set out on the attached sheet.

Name and title of person authorised to sign on behalf of the Commission:

_____________________________________________________________________

Authorised signature: Date:

Please note:

* Delete whichever is not applicable.

76 Government Gazette 3 March 2008 No. 4004

FORM 47

NAMIBIAN COMPETITION COMMISSION

NOTICE FROM CHAIRPERSON OF COMMISSION

REGARDING SUFFERING OF ALLEGED DAMAGES

Competition Act, 2003 (Act No. 2 of 2003)

(Section 54, Rule 37)

Concerning:

(Name and file number of complaint:)

1. The Commission has received a complaint against the above named respondent
on _____________________________________ and has given notice of its
proposed decision on ___________________________________.

2. The complainant has not been awarded damages in the attached consent agreement,
and I hereby certify -

(a) that the conduct on which the action is based has on __________________
__________ been found by the Court, following proceedings instituted by
the Commission in terms of section 38, to be an infringement of the Part I
or the Part II prohibition;*

(b) that a consent agreement was confirmed in accordance with section 40 in

relation to the conduct on which the action is based, and that no award for
damages is provided for in that agreement for the benefit of the plaintiff,
for the following reasons:
___________________________________________________________
___________________________________________________________
___________________________________________________________
__________________________________________________________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
__________________________________________________________*

(c) that, following an investigation by the Commission in accordance with

Part IV of Chapter 3 into the conduct on which the action is based, the
Commission has decided not to take any action contemplated in section 38,
for the following reasons: ______________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
No. 4004 Government Gazette 3 March 2008 77

(d) that the Commission, having received a complaint or a request to investigate

an alleged infringement of the Part I or the Part II prohibition in respect
of the conduct on which the action is based, has in terms of section 33(2)
decided not to conduct an investigation, for the following reasons:
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________________________________________________________
__________________________________________________________*

_____________________________________________________________________

Signature of chairperson: Date:

Please note:

* Delete whichever is not applicable.

78 Government Gazette 3 March 2008 No. 4004

ANNEXURE B

CATEGORIES OF SMALL UNDERTAKINGS

(Rule 34)

Co1umn 1 Column 2 Column 3 Column 4 Column 5

Sector or Size or Total full-time Total Annual Total gross
Sub-sectors Class equivalent of Turnover Less asset value
paid employees than (fixed property
Less than excluded) Less
than
Agriculture Medium 100 N$4.00 m N$4.00 m
Small 50 N$2.00 m N$2.00 m
Very small 10 N$0.40 m N$0.40 m
Micro 5 N$0.15 m N$0.10 m

Mining and Medium 200 N$30.00 m N$18.00 m

quarrying
Small 50 N$7.50 m N$4.50 m
Very small 20 N$3.00 m N$1.80 m
Micro 5 N$0.15 m N$0.10 m

Manufacturing Medium 200 N$40.00 m N$15.00 m

Small 50 N$10.00 m N$3.75 m
Very small 20 N$4.00 m N$1.50 m
Micro 5 N$0.15 m N$0.10 m

Electricity, gas and Medium 200 N$40.00 m N$15.00 m

Water Small 50 N$10.00 m N$3.75 m
Very small 20 N$4.00 m N$1.50 m
Micro 5 N$0.15 m N$0.10 m

Construction Medium 200 N$20.00 m N$4.00 m

Small 50 N$5.00 m N$1.00 m
Very small 20 N$2.00 m N$0.40 m
Micro 5 N$0.15 m N$0.10 m

Retail and motor Medium 100 N$30.00 m N$5.00 m

tradeand repair Small 50 N$15.00 m N$2.50 m
services
Very small 10 N$3.00 m N$0.50 m
Micro 5 N$0.15 m N$0.10 m

Wholesale, trade, Medium 100 N$50.00 m N$8.00 m

commercial agents Small 50 N$25.00 m N$4.00 m
and allied services
Very small 10 N$5.00 m N$0.50 m
Micro 5 N$0.15 m N$0.10 m
No. 4004 Government Gazette 3 March 2008 79

Catering, Medium 100 N$10.00 m N$2.00 m

accommodation Small 50 N$5.00 m N$1.00 m
and other trade
Very small 10 N$1.00 m N$0.20 m
Micro 5 N$0.15 m N$0.10 m

Transport, storage Medium 100 N$20.00 m N$5.00 m

and Small 50 N$10.00 m N$2.50 m
communications
Very small 10 N$2.00 m N$0.50 m
Micro 5 N$0.15 m N$0.10 m

Finance and Medium 100 N$20.00 m N$4.00 m

business Services Small 50 N$10.00 m N$2.00 m
Very small 10 N$2.00 m N$0.40 m
Micro 5 N$0.15 m N$0.10 m

Community, social Medium 100 N$10,00 m N$5.00 m

and personal Small 50 N$5.00 m N$2.50 m
services
Very small 10 N$1.00 m N$0.50 m
Micro 5 N$0.15 m N$0.10 m
________________