NAMIBIA Law and Practice Contributed by: James Smith and Daneale Beukes, Engling, Stritter & Partners
8.3 Ability of Third Parties to Appeal Clearance Decisions Please refer to the process described in 8.1 Access to Appeal and Judicial Review ,which only affords the right to review a clearance decision to a party to the merger under investigation. 9. Foreign Direct Investment/Subsidies Review 9.1 Legislation and Filing Requirements The NaCC applies the same analytical framework to assess foreign direct investment as for other mergers, namely, whether the transaction is likely to substan - tially prevent or lessen competition in any market in Namibia.
• announce the receipt of the application for review; and • invite interested parties to make written submis - sions to the Minister on any matter subject to review, within the time and in the manner specified in the notice. The Minister must, within four months from the date the application for review was submitted, make a determination: • overturning the NaCC’s decision; • amending the NaCC’s decision by imposing restric - tions or conditions; or • confirming the NaCC’s decision. The Minister must: • notify the NaCC and the parties to the proposed merger in writing of the determination; • publish a notice of the determination in the Gov - ernment Gazette; and • provide written reasons for the determination to the NaCC and the parties involved. The Minister may prescribe the procedure to be fol - lowed in conducting a review. An application for review to the High Court of Namibia of the Minister’s decision should be made within a reasonable time. What constitutes a reasonable time will depend on the circumstances.
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