The Namibian Competition Commission on 10 February 2023 resolved to initiate an investigation against NamPower, Telecom Namibia and MTC for alleged exclusive dealings in the dark optic fibre infrastructure.
The announcement was made in a statement dated 28 February 2023 from NaCC. The investigation is in terms of Section 33 of the Namibian Competition Act No. 2 of 2003 (the Act), it said.
NaCC is investigating a possible exclusive “tripartite agreement” entered into by NamPower, Telecom Namibia and MTC on 1 June 2012 for the lease and use of NamPower’s dark optic fibre infrastructure by Telecom and MTC as the “joint operators”.
The agreement allegedly allows Telecom Namibia and MTC the exclusive use of their propositional share of the dark optic fibre infrastructure for a duration of 10 years from the date of commencement of the agreement.
The NaCC investigation aims to determine whether the tripartite agreement entered into by the parties amounts to anti-competitive conduct.
“The parties have been informed of the investigation and have been afforded an opportunity to respond to the allegations. Upon receipt of the responses, NaCC will proceed with its investigation and thereafter determine the relevant cause of action as provided for by the act,” reads the statement.