Africa-Press – Namibia. THE Namibia Competition Commission (NCC) has warned the City of Windhoek to give competitors in the Information, Communication Technology (ICT) industry a fair chance to share in the infrastructure upon which fibre optic cables are build.
The NCC has since 2017 been inundated with numerous complaints alleging to possible anticompetitive practices in the ICT industry, specifically the development of fibre optic infrastructure around the district of Windhoek.
These complaints, some of which were lodged by major players in the ICT industry, were all assessed to determine whether there have been possible infringements on Chapter 3 of the Competition Act, 2003 (Act No. 2 of 2003).
Dina //Gowases, NCC spokesperson, said that although the Commission did not find evidence relating to practices that infringe the Competition Act, the Commission noted that the development of fibre optic infrastructure is highly contested by the relevant competitors in that market.
“The Commission further notes that the Municipal Council of the City of Windhoek is also an aspiring competitor in the relevant market.
Although the Commission commends the entrance into the market by the Windhoek Municipality which has the potential to enhance consumer choice, the Commission is nevertheless cognisant of the fact that the Windhoek Municipality is the sole custodian of the upstream essential facility,” //Gowases said.
She added that the Commission therefore wishes to caution the Windhoek Municipality that given the position it enjoys over its downstream competitors, it should offer access to the essential facility on equal terms and conditions, and in a non-biased manner.
“Any unwarranted delays, restrictions, constraints, reluctance in approving applications for the purposes of installing fibre cables in the District of Windhoek without reasonable justifications may be construed as a way of restricting competition in the relevant market,” //Gowases said.
She concluded that the competition commission will be monitoring developments in the industry for possible anticompetitive practices which may come under competition law scrutiny.
The Commission, therefore, reserves its rights to initiate an investigation of any possible anti-competitive practises in future, should the need arise //Gowases said.
