Mauritius (March 14, 2003)

From AntitrustWorldWiki
Jump to: navigation, search

Score = 14

Governed by: The Competition Bill N° VI of 2003 (hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 0
Remedies Fines 1 Article 25 allows for both fines and imprisonment for failing to comply with orders of the tribunal.
Prison Sentences 1 Article 25 allows for both fines and imprisonment for failing to comply with orders of the tribunal.
Divestitures 0
Private Enforcement 3rd Party Initiation 1 Article 15 outlines the rights of 3rd parties to be heard by the tribunal.
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 1 Article 19 allows any aggrieved person to appeal.
Merger Notification Voluntary 0
Mandatory 0
Pre-merger 0
Post-merger 0
Merger Assessment Dominance 0
Restriction of Competition 0
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 11(1)(b) prohibits limiting consumer access to production.
Abusive Acts 1 Article 11(1)(b) prohibits actions by a dominant company that may have an adverse effect on competition.
Price Setting 1 Article 11(2)(a) prohibits price setting and predatory pricing.
Discriminatory Pricing 1 Article 11(2)(c) prohibits discriminatory pricing and other conditions.
Resale Price Maintenance 0
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 12(10(a) prohibits price fixing.
Tying 1 Article 11(2)(d) prohibits tying arrangements.
Market Division 0
Output Restraint 1 Article 11(2)(b) prohibits limiting production to the prejudice of consumers.
Market Sharing 1 Article 12(1)(a) prohibits market sharing.
Eliminating Competitors
Collusive Tendering/Bid-Rigging 1 Article 14 prohibits bid rigging.
Supply Refusal 1 Article 12(1)(a) prohibits restricting supply of goods to a certain person.
Efficiency Defense 1 Article 16(b)(ii) provides a defense where restriction of competition is outweighed by the benefits of the increased efficiency with which goods are produced, supplied or distributed or services are supplied or made available.

References

  1. Mauritius Government website, http://www.gov.mu/portal/goc/assemblysite/file/2003/bill6.doc.