The Namibian Competition Commission (NaCC) has resolved to initiate an investigation against Windhoek Show Society (WSS) and Just Fun Amusements CC (Just Fun Amusements) for alleged anti-competitive conduct.
In a statement, the Commission noted that it received a complaint on the 10th of October 2022 from Pioluc Investment CC (the Complainant), alleging possible anti-competitive business practices by the WSS with regard to the allocation of exhibition space at the annual Windhoek Industrial and Agriculture Show (WIAS).
It is alleged that Pioluc Investment CC applied for an exhibition space from WSS in 2022. However, such an application was rejected due to a long-term Lease Agreement (exclusive agreement) that exists between WSS and Just Fun Amusements, which grants the latter, sole rights to operate a Fun Park (Merry-go-Round) during the duration of the annual WIAS.
“The Complainant is therefore of the view that, as a result of the alleged exclusive agreement between the Respondents, it is excluded from fairly participating in the relevant market (WIAS) and that this conduct is a contravention of Section 23 (1) read with Section 23 (2) (b) and Section 23 (3) (e) of the Act, as well as Section 26 (1) read with Section 26 (2) (b) of the Act,” the Commission said.
The Commission went on to say that the purpose of the investigation is to inter alia determine: Whether the respondents have entered into an exclusive agreement that is in contravention of Section 23 (1) read with Section 23 (2) (b) and Section 23 (3) (e) of the Act (limiting or restricting market outlets or access); and whether the WSS is dominant and may be abusing its dominance in contravention of Section 26 (1) read with Section 26 (2) (b) of the Act.
“The Respondents have been invited to submit to the Commission, within 30 days from the date of receipt of the investigation notice, any written representations under Oath that they may wish to make in relation to the Commission’s investigation,” added NaCC.