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Namibia’s revised merger threshold positive

Namibia’s revised merger threshold positive

Photo by Duane Daws

15th January 2016

By: Natasha Odendaal

Creamer Media Senior Deputy Editor

  

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Merger and acquisition activity valued at less than N$30-million and transfer undertakings will no longer need to be filed with the Namibian Competition Commission after the Namibian Ministry of Industrialisation, Trade and Small and Medium-sized Enterprise Development revised its merger notification thresholds in December.

Bowman Gilfillan Africa competition practice partner Tamara Dini said in a statement this week that the revised thresholds were a positive development and, while the thresholds were still low, with many small deals requiring notification, the revisions distinguished between a threshold applicable to the merging parties on a combined basis and the threshold applicable to the transferred undertaking only.

The government had set a threshold of N$30-million for the combined yearly turnover of the acquiring undertaking and transferred undertaking; the combined value of the assets of the acquiring undertaking and the transferred undertaking; and the the yearly turnover and the value of the assets of the transferred undertaking.

Further, a filing would not be required should the yearly turnover or the assets of the transferred undertaking be less than N$15-million.

Edited by Creamer Media Reporter

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