Business Reporter
THE Namibian Competition Commission (NaCC) has warned a local law firm not to contact a complainant who has aired concerns on dealings between Dr. Weder, Kauta & Hoveka Incorporated (“WKH”) and Bank Windhoek.
The NaCC announced that it initiated investigations on 9 May 2022 against WKH and Bank Windhoek following allegations of exclusive dealings in property conveyancing services, thereby possibly contravening the Competition Act.
“It has come to the Namibian Competition Commission’s attention that Dr. Weder, Kauta & Hoveka Incorporated (“WKH”) has addressed correspondence to the complainant in which it demanded of him to provide them with evidence in support of the allegations levelled against WKH. The Commission has to this effect, taken serious exception of the conduct and addressed correspondence to WKH in which it cautioned WKH to cease and desist from directly engaging in correspondence with the complainant in so far as this matter is concerned,” Paulus Hangula, Acting Director and Senior Economist, of the NaCC said.
He further noted that decisions to initiate any investigation are made within the confines of the Competition Act.
“The right to investigate allegations of anti-competitive conduct is in terms of Section 33, given to the Commission, and not to the Complainants concerned in any matter. The Commission is in any event, empowered by the same section to initiate investigations into anti-competitive conducts on its own motion. It, therefore, follows that even if a Complainant withdraws his/her complaint as a result of whatever form of intimidation or threats levelled against them, the Commission remains duty bound to investigate same. There is, therefore, no basis for Respondents to engage with Complainants in matters under investigation,” Hangula said.
The Commission strongly discourages the practise whereby parties subject to investigations directly engage and intimidate Complainants as this may compromise investigations and the ability of the public to freely lay complaints with the Commission, the Acting Director warned.
“The Commission records that the Complainant in this matter did not wish to remain anonymous, nevertheless, the Competition Act provides for members of the public to report anti-competitive practices anonymously,” Hangula concluded.
