Highlights of the interview
Q1: The Competition and Consumer Authority of Botswana (CCA) implements the Competition Act and the Consumer Act of Botswana. How has the CCA prioritized enforcement activities to make the most impact for the people of Botswana?
Ms Bonyana Ndubiwa and Ms Goitseone Mdungwa highlighted the following as significant considerations by the CCA in its enforcement activities:
Prioritization of enforcement activities by targeting sectors with economic importance and the greatest public interest impact such as retail, poultry, construction, and energy sectors
Use of market studies to understand the market structure, market dynamics, and any regulations that may impede competition in markets
Advocacy initiatives
Merger notification thresholds
Q2: The CCA has a right focused approach to consumer protection. How does this feature in the way the CCA approaches consumer protection violations?
Ms Goitsemodimo Tseladikae highlighted that the CCA ensures that consumers are informed and knowledgeable. This empowers them to obtain fair market outcomes by asking the relevant questions when making purchasing decisions. The CCA focuses on advocacy by equipping consumers to ask questions on pricing, quality, and product attributes to identify false or misleading advertising on product specifications.
She added that the CCA's consumer protection activities have been majorly in the used vehicles market and electronics market due to an influx of imported refurbished products into Botswana, which consumers, in some instances, may mistaken to be new (or are not told are used).
Q3: Mergers may in some cases enhance efficiency and not present competition concerns. However, some mergers present competition concerns. What factors does the CCA consider in identifying mergers that raise competition concerns?
Ms Nomathemba Dladla highlighted the key principles that merger assessments rest on as prescribed in the CCA’s merger guidelines:
The substantial lessening of competition test
Public interest considerations e.g., employment impact
Whether the merger is a conglomerate merger or a horizontal merger
Whether imports pose a competitive constraint on a local market and
Countervailing power
She highlighted the example of a merger in the securities market where the biggest player in the securities market wanted to acquire a very close competitor, which the CCA blocked. This happened around 2013, when the securities market was still relatively young and there was room for growth. Also, there was interest from local citizen-owned firms. The merger impact assessment which the CCA undertook afterward showed that the securities market had opened up (which may not have been the case if the merger was permitted) and new entrants had come in, bringing about innovation and more choice for consumers.
Q4: Looking at the various developmental challenges Africa faces, as a competition enforcer, would you say there is a moral obligation for African markets to be competitive?
Speakers agree that there is a moral obligation for African markets to be competitive because of the benefits of competitive markets:
Economic growth
Increased productivity
Innovation
Supply of quality products
Active rivalry that leads to lower consumer prices
Deconcentrating highly concentrated African markets
Ms Goitseone Modungwa stated that competition policy and law is not sufficient on its own and should be supplemented by other policies, such as industrial and trade policies. Ms Nomathemba Dladla added that for competitive market outcomes, there is the need to constantly align the activities of competition authorities with government, and what government’s national interests are.
Q5: The envisaged supranational AfCFTA Competition Authority would oversee AfCFTA’s competition protocol in the region. What are your initial reactions to having a supranational competition authority in Africa? What should be the first point of call for this authority?
The speakers have a general positive reaction to the establishment of a supranational AfCFTA Competition Authority with expected benefits such as:
A new authority to deal with competition issues in relation to Africa and Africa's unique situation, unique markets, and unique competition issues
Reduction of the elements of fragmentation in cross border investigations
Having a continental model for information sharing and collaboration in competition investigations
Ms Nomathemba Dladla expressed concerns about how AfCFTA’s Competition Authority would synchronize merger assessments. She highlighted that this had to be approached strategically since companies present in different jurisdictions may in some instances conduct themselves differently. Ms Bonyana Ndubiwa also expressed concern about how the resources of national competition authorities would be affected. Questions such as whether African national governments would be required to create another agency or department responsible for the implementation of the protocol arises. Also, since competition enforcement often requires a public interest assessment, clarifying how country specific public interest issues would be addressed in enforcement procedures by a supranational competition authority should be considered.
AfCFTA’s competition authority can do the following:
Invest in capacity building.
Unify competition enforcement processes across the continent.
Clarify how AfCFTA’s competition protocol would be implemented.
Explain expected contributions from national and regional competition authorities.
Q6: Are there things women should be prepared for when coming into this field? What helps you navigate the competition terrain?
The speakers highlighted the following for women interested in joining the field of competition law and policy:
Competition law and economics specific training
Research skills
Speaking skills
University training in industrial economics
Visits to competition authorities
Being a team player
Being committed to lifelong learning
Being up to date on emerging trends in different markets
Taking advantage of mentorship opportunities
*The views shared by participants do not reflect the official position of the organizations they are employed by.
Speakers' profiles
Nomathemba Dladla is currently the Director, Mergers and Monopolies at the Competition and Consumer Authority (CCA) in Botswana. She is a pan-African Economist whose professional career spans over 10 years’ in industrial, competition law and policy environments. She previously worked at the Competition Commission of South Africa where her journey in Competition Law began. Following this, she worked at the Development Bank of South Africa as an Industry Analyst. Nomathemba holds Master of Commerce (Economics) and Honours in Economics’ degrees from the Universities of Cape Town and Stellenbosch respectively (in conjunction with the University of Amsterdam UvA).
Goitseone Modungwa is the Manager, Investigations at the CCA and has been with the CCA since its inception. She is a certified forensic investigation professional and, holds a Bachelor’s degree in Business Administration (Marketing), a postgraduate diploma in Economics for Competition Law, a
professional postgraduate diploma in Marketing and an MBA. She is currently pursuing a Master’s degree in Competition and Economic Regulation.
Bonyana Ndubiwa is currently the Manager, Policy and Research at the CCA. She joined the Authority at its inception in 2011 as Manager, Policy and International Liaison. She worked for the Ministry of Trade and Industry from 1990 to 2010 and possesses vast experience in trade and competition policy. She served as a focal person in Botswana’s development of consumer and competition policy and laws. She holds a Master’s degree in International Business from the University of Melbourne, a postgraduate diploma in Economics for Competition Law from King’s College, London, and a Bachelor of Arts in Economics and Statistics from the University of Botswana.
Goitsemodimo Tseladikae is currently the Manager, Legal Services at the CCA. She is an attorney with 15 years experience, seven of which have been in competition, consumer and trade law. She was the lead counsel in the first successfully referred competition law case; the 4 Banner Group case against four wholesalers. She was also co-counsel in the GABCON case in 2018 (second successful case for the CCA). Ms Tseladikae was key in developing the investigation process map for the new Consumer Protection Division. She is currently studying towards a Global Master’s in Business Administration (Law) with the University of London. She holds a Diploma in Economics for Competition Law from Kings College, London and an LLB from the University of Botswana.
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