NaCC cautions law firm under ‘microscope’
Demanding evidence from complainant
Dr. Weder, Kauta & Hoveka Inc and Bank Windhoek are being investigated for alleged anti-competitive conduct by the Namibian Competition Commission (NaCC).
Law firm Dr. Weder, Kauta & Hoveka Inc, which is being investigated with Bank Windhoek by Namibian Competition Commission (NaCC) for alleged anti-competitive conduct has been cautioned against engaging the complainant.
It is alleged that the two entities entered into an Exclusive Service Level Agreement that appoints Dr. Weder, Kauta & Hoveka Inc as the exclusive and sole conveyancing attorneys for properties financed through Bank Windhoek, NaCC said in media statement last week.
The agreement requires Bank Windhoek property financing applicants to only make use of Dr. Weder, Kauta & Hoveka Inc’s conveyancing services to the exclusion of other conveyancing service providers in the relevant market, limiting completion.
According to the Namibian competition ‘watchdog’, it has taken note that Dr. Weder, Kauta & Hoveka Inc has demanded evidence from the complainant in support of the allegations levelled against the law firm.
The commission has instructed the law firm to stop directly engaging in correspondence with the complainant as investigations are now in the hands of the NaCC.
“Decisions to initiate any investigation are made within the confines of the Competition Act as contemplated by Section 33. 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,” NaCC said.
The commission pointed out that even though the Competition Act provides for members of the public to report anticompetitive practices anonymously, the complainant in this matter did not wish to remain anonymous.
Meanwhile, Bank Windhoek said they acknowledge the notice of the investigation by the Namibian Competition Commission.
“Bank Windhoek respectfully draws attention to the fact that it is an ongoing regulatory enquiry in terms of which submissions to the investigation still requires to be heard, considered, and assessed by the Namibian Competition Commission in order to make a final determination. We accordingly reserve our comments until this process has been concluded and finalized in line with all applicable legal and administrative law principles. Bank Windhoek subscribes to good corporate governance principles and standards and is lending its full support and cooperation to the commission during this ongoing process.”
It is alleged that the two entities entered into an Exclusive Service Level Agreement that appoints Dr. Weder, Kauta & Hoveka Inc as the exclusive and sole conveyancing attorneys for properties financed through Bank Windhoek, NaCC said in media statement last week.
The agreement requires Bank Windhoek property financing applicants to only make use of Dr. Weder, Kauta & Hoveka Inc’s conveyancing services to the exclusion of other conveyancing service providers in the relevant market, limiting completion.
According to the Namibian competition ‘watchdog’, it has taken note that Dr. Weder, Kauta & Hoveka Inc has demanded evidence from the complainant in support of the allegations levelled against the law firm.
The commission has instructed the law firm to stop directly engaging in correspondence with the complainant as investigations are now in the hands of the NaCC.
“Decisions to initiate any investigation are made within the confines of the Competition Act as contemplated by Section 33. 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,” NaCC said.
The commission pointed out that even though the Competition Act provides for members of the public to report anticompetitive practices anonymously, the complainant in this matter did not wish to remain anonymous.
Meanwhile, Bank Windhoek said they acknowledge the notice of the investigation by the Namibian Competition Commission.
“Bank Windhoek respectfully draws attention to the fact that it is an ongoing regulatory enquiry in terms of which submissions to the investigation still requires to be heard, considered, and assessed by the Namibian Competition Commission in order to make a final determination. We accordingly reserve our comments until this process has been concluded and finalized in line with all applicable legal and administrative law principles. Bank Windhoek subscribes to good corporate governance principles and standards and is lending its full support and cooperation to the commission during this ongoing process.”
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