NaCC slaps Choppies with N$2.2 mln fine
The Namibian Competition Commission (NaCC) has reached a settlement with Choppies Supermarket Namibia after an investigation revealed the retailer’s contravention of the Competition Act.
The investigation found that Choppies had implemented a merger without obtaining prior approval from the NaCC, which is a breach of the law.
As part of the settlement, Choppies has agreed to pay a penalty of N$2.2 million. Additionally, the company will implement a compliance programme to ensure adherence to competition laws in Namibia.
Grootfontein
The transaction, which involved Choppies' acquisition of Grootfontein Supermarket and Grootfontein Bottle Store, was found to be a merger in violation of the Competition Act. The Commission’s findings indicate that Choppies violated Section 44, in conjunction with Sections 51 and 53, of the Act, by failing to notify the commission about the merger, which exceeded the prescribed notification thresholds.
The deal was formalised through a memorandum of agreement signed by Choppies and Johannes Jacobus De Jager, who trades as Grootfontein Supermarket and Grootfontein Bottle Store, on 12 May and 19 May 19. This acquisition resulted in a change of control over the two businesses, thus constituting a merger as defined under the Competition Act.
The settlement with the NaCC was formally confirmed in the High Court on 19 November this year.
It represents a step towards ensuring that businesses in Namibia comply with the country’s competition laws, promoting fair practices in the marketplace, the NaCC said in a statement.
The investigation found that Choppies had implemented a merger without obtaining prior approval from the NaCC, which is a breach of the law.
As part of the settlement, Choppies has agreed to pay a penalty of N$2.2 million. Additionally, the company will implement a compliance programme to ensure adherence to competition laws in Namibia.
Grootfontein
The transaction, which involved Choppies' acquisition of Grootfontein Supermarket and Grootfontein Bottle Store, was found to be a merger in violation of the Competition Act. The Commission’s findings indicate that Choppies violated Section 44, in conjunction with Sections 51 and 53, of the Act, by failing to notify the commission about the merger, which exceeded the prescribed notification thresholds.
The deal was formalised through a memorandum of agreement signed by Choppies and Johannes Jacobus De Jager, who trades as Grootfontein Supermarket and Grootfontein Bottle Store, on 12 May and 19 May 19. This acquisition resulted in a change of control over the two businesses, thus constituting a merger as defined under the Competition Act.
The settlement with the NaCC was formally confirmed in the High Court on 19 November this year.
It represents a step towards ensuring that businesses in Namibia comply with the country’s competition laws, promoting fair practices in the marketplace, the NaCC said in a statement.
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