9 November 2018

Namibia: Competition Commission's Puma Raid Unlawful

A DAWN raid in September 2016 on Puma Energy Namibia by the Namibian Competition Commission was declared unlawful by the High Court on Friday.

The High Court judgment was handed down in a matter in which Puma had challenged the lawfulness of the Namibian Competition Commission (NaCC) raid on some of its offices and facilities.

The raid by the NaCC was during an investigation of Puma for having abused its market dominance to engage in excessive pricing of aviation fuel at the Eros and Ondangwa airports.

In order to gather evidence of Puma's pricing activities, the NaCC during September 2016 obtained a warrant from the High Court to search Puma's offices.

Puma then challenged the granting of the search warrant by the High Court, claiming that there had been no basis for the NaCC to be granted the search warrant that authorised the dawn raid.

In an emailed response to The Namibian on Friday, Puma stated: "The court found that the dawn raid order was unlawful and ordered the Namibian Competition Commission to return documents which were seized from Puma Energy offices. Puma Energy acknowledges the judgment of the court and will continue cooperating with the Namibian Competition Commission."

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