Namibian Competition Commission raises merger notification thresholds

Announced during a stakeholder engagement on August 13, the changes include raising the combined assets or turnover threshold from N$30 million to N$60 million, and the target company threshold from N$15 million to N$30 million. NaCC chief executive Vitalis Ndalikokule stated these adjustments were necessary due to Namibia's economic growth since the previous thresholds were set in 2017. The NaCC estimates that approximately 16% of mergers previously requiring notification will no longer need to be reported under the new thresholds.

The commission also introduced a revised three-tier filing fee system: N$90,000 for small mergers, N$350,000 for intermediate mergers, and N$650,000 for large mergers, which Ndalikokule described as reasonable, transparent, and proportionate. Despite the higher thresholds, the NaCC will maintain oversight of smaller transactions through a new supplementary test and retains the authority to review mergers below the thresholds if competition or public interest concerns arise. The commission plans to periodically review these thresholds to ensure their continued relevance to economic and market conditions.