Windhoek: The Namibian Competition Commission (NaCC) has closed two investigations into alleged anti-competitive conduct in the horse mackerel fishing sector after finding no contraventions of the Competition Act.

According to Namibia Press Agency, the commission issued a media statement on Monday stating that the investigations examined allegations of price-fixing, collusive conduct, and abuse of dominance in the determination of quota usage fees paid to horse mackerel fishing rights holders without vessels.

The first investigation, initiated in November 2023, involved four operators: Erongo Marine Enterprises, Namsov Fishing Enterprises, Venmar Fishing, and Princess Brand Processing, formerly known as Seaflower Pelagic Processing. The commission found no evidence of collusion or coordination among these operators to fix quota usage fees.

The statement clarified that quota usage fees offered to rights holders are not uniform and are determined using different methodologies informed by factors specific to each operator's unique operations and access to quotas. Some similarities in fees were linked to the Governmental Objective Fish Quota Reserve Price, introduced in 2020 to align with national socio-economic objectives, which in some cases became a benchmark for operators.

The commission also noted that rights holders without vessels had several options for disposing of their quotas, such as purchasing or chartering vessels, entering into catching agreements, or concluding quota usage agreements.

The second investigation, initiated in July 2024, arose from complaints that 10 operators were allegedly using their market position to impose unfairly low quota usage fees on fishing rights holders without vessels. The investigation established that quota usage fees were negotiated on commercial terms, with the government reserve price serving as a non-negotiable minimum price.

While the respondents were found to hold a degree of market power or dominance in the relevant market, no evidence was found of an abuse of that dominant position. Consequently, the commission found no contravention of the Competition Act in either matter and closed both investigations.

The NaCC emphasized that these investigations demonstrate its commitment to examining allegations of anti-competitive conduct, even when no contravention is ultimately established.