Allexer Namundjebo
The Namibian Competition Commission (NaCC) has approved the merger between Ongava Game Reserve (Pty) Ltd and Epacha Nature Estate (Pty) Ltd.
The approval was published in the government gazette of 20 January 2026.
The commission received notification of the proposed transaction on 22 October 2025 and approved it without conditions.
The NaCC found that the merger is unlikely to reduce or harm competition in Namibia.
The commission noted, however, that it retains the power under section 48(1) of the Act to revoke its approval if it later emerges that the decision was based on materially incorrect or misleading information or if the Act is not complied with.
In the same gazette, NaCC, also approved several other mergers without conditions across different sectors.
These include transactions involving Erf 109 Gobabis (Pty) Ltd; H2 Infra NV and Cleanergy Solutions Namibia (Pty) Ltd; Packing World Group (Pty) Ltd and Lampac (Pty) Ltd trading as Packaging World; Premier Group Limited and RFG Holdings Limited; Southern Namibian Hake Fishing Industries (Pty) Ltd and Tuna Pole Fishing Namibia (Pty) Ltd; TLC SA Transportation and Logistics Consulting and TLC Namibia (Pty) Ltd; Union Group (Pty) Ltd and Union Tiles (Pty) Ltd; Westcoast Cold Storage (Pty) Ltd and property situated at Erf 3068, Narraville, Walvis Bay and Zebrapass Investments (Pty) Ltd with erven 197, 198 and 199 in Lafrenz, Windhoek.
All determinations were signed by Competition Commission chairperson Andreas Ithindi.
To address possible concerns about vertical foreclosure in a separate decision, the commission said the merged entity must meet certain conditions. These conditions apply to the merged company or any related business in the acquiring group involved in selling vehicles, vehicle servicing and maintenance, or automotive parts in Namibia.
“To continue to conduct business with existing and potential customers in the vehicle fitment market on fair, reasonable and non-discriminatory (FRAND) terms to ensure that competitors are not unfairly excluded from the market.”
In a separate decision, the commission said the merged company must meet certain conditions to address concerns about vertical foreclosure.
These conditions apply to the merged entity and any related company in the acquiring group involved in selling vehicles, servicing and maintaining motor vehicles, or supplying automotive-related parts in Namibia.
The commission stressed that customers must remain free to choose where they obtain vehicle fitment and related services. It warned that customers may not be pressured, misled, or led to believe that such services can only be obtained from the acquiring group or its affiliates.
The conditions also prohibit the merged entity from acting in a way that would significantly block competitors from accessing key inputs or customers.
To ensure compliance, the commission imposed monitoring and reporting obligations.
The merged entity must submit compliance reports to the commission every six months. These reports must cover adherence to the conditions, including details on supply arrangements, pricing, and business practices.
The commission said it may review or change the conditions if there are significant changes in market structure or conduct.
The reporting requirements include management accounts every six months for both the acquiring group and the target company, an annual report on how value is created and compliance that details efficiencies, non-discrimination measures, and any complaints from third parties, as well as audited financial statements every six months for both companies.
The acquiring company must submit written confirmation that the transaction has been implemented within 10 business days of the implementation date.
Within three months of implementation, and every six months thereafter for a period of three years, the merged parties are required to submit compliance reports.
The commission may extend the reporting period by a further three years if there is good reason to do so.
During the reporting period, the commission may request any information needed to verify compliance and may also conduct site visits at any facility controlled by the acquiring or target companies.
