The Namibian Competition Commission (NaCC) initiated an investigation on 10 August 2023 against Windhoek Show Society (WSS) and Just Fun Amusements CC. The entities are being investigated for alleged anti-competitive conduct after the commission received a complaint from a local business called Pioluc Investment CC.
The complainant alleges 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). According to a NaCC statement, it is alleged Pioluc Investment CC applied for 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 NaCC stated. Through the investigation, the NaCC aims to determine if WSS and Just Fun Amusements entered into an exclusive agreement that is in contravention of Namibia’s competition laws and if the show society is dominant and may be abusing this dominance in contravention of local legislation.
“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,” the NaCC explained.