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Competition Commission convenes discussion group for guidelines

The CCM has formed an ad hoc consultative committee, as part of its public engagement on drawing up guidelines and procedural rules, which must be published within six months of the Commission’s establishment.  The members of the committee will provide a sounding board to discuss aspects of the guidelines and procedural rules, as they are drafted by the CCM.  The committee is purely consultative and has no decision-making role.  Decisions about the draft and final documents will be for the Commission alone.

The CCM intends to publish draft guidelines and procedural rules, for extensive public consultation, on this web site later in the year.

The ad hoc consultative committee consists of:

Mr Mosadeq Sahebdin, ICP

Mr Jayen Chellum, ACIM

Mr Paul Clarenc, Mauritius Oil Refineries Ltd

Mr Lloyd Coombes, Mauvilac Group

Mr Shankhnad Ghurburrun, Geroudis Glover Ghurburrun

Dr Kheswar Chandan Jankee, University of Mauritius

Mr Barlen Pillay, MCCI

Dr Nitin Gopaul, Mauritius Research Council
 
Competition Commission established: Acting Chairman and Commissioners appointed.

The Competition Commission of Mauritius has been established, on June 4th 2009, with the appointment by the President of the Republic of four Commissioners headed by an Acting Chairman, Mr Rajiv Servansingh.  The first meeting of the Commission is scheduled for Wednesday June 17th
.

As required by the Competition Act 2007, the Commissioners are “persons from the public sector, private sector and academia, appointed by virtue of their qualifications and experience in law, economics, accountancy, or commerce.”  The four Commissioners are:

Acting Chairman: Mr Rajiv Servansingh (Regional Director of the Board of Investment Office in Mumbai and former Deputy Secretary General of the Mauritius Chamber of Commerce and Industry)

Mr Mohamed Reshad Sadool, Accountant/Auditor;

Mrs Selvam Poonoosamy, General Manager with wide experience in different sectors of the
economy;

Mr Rodney  Rama, Barrister-at-Law.

The Act provides for up to five Commissioners to be appointed.  The position of full-time Chairman is presently vacant, but the Commission can exercise all of its legal powers and fulfill its duties with four members, under the acting chairmanship of the Vice-Chairman.
 
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Competition Commission launches public consultation on draft Rules of Procedure and Guidelines.

The CCM has published draft versions of its Rules of Procedure and Guidelines, for public consultation, HERE .
Proclamation of remaining sections of the Competition Act 2007

It has been announced that the Cabinet decided at its meeting on 23rd October that the remaining Sections of the Competition Act will be proclaimed to come into effect on 25th November 2009. This completes the legislative process of bringing competition law to Mauritius. The Act was passed in 2007 and was partially proclaimed, to allow the Competition Commission to be established, in 2008. The Commission was appointed in June 2009. It is still in the process of recruiting and building its capacity, but has a core staff in place and is ready to assume its full functions on the 25th of November.

From the 25th November, enterprises which take actions that restrict, prevent or distort competition, may be in breach of the Competition Act. In particular, businesses should note that the Commission is empowered to fine them up to 10% of turnover for an intentional or negligent breach of the prohibition on collusive agreements. Collusive agreements are those defined in Sections 41-43 of the Act, such as agreements to fix prices, share markets or rig bids in a procurement auction. Minimum resale price maintenance (when a supplier prevents a retailer from lowering the price of good supplied) is also prohibited.

Interested parties are advised to read the Act  and the Competition Commission’s Rules of Procedure and Guidelines

The Competition Commission is organizing a workshop at the Swami Vivekananda Centre
on Tuesday 8th December to present and discuss the newly effective law, and to launch a range of user guides about key aspects of the law.
Competition Commission publishes final Guidelines and Rules of Procedure


Following public consultation on its draft Guidelines and Rules of Procedure, the Competition Commission has published revised, final versions. The Competition Act requires that these documents be written and published within six months of the Commission’s establishment. The Commission was established in June 2009 and has therefore fulfilled this obligation, by publishing in November 2009.

The Competition Commission received a number of responses to its call for comments on the draft Guidelines. Some changes have been made to reflect those comments. There have been no changes of substance or policy, but in several places the Guidelines have been clarified and additional information added, in response to concerns.

The Competition Commission will follow these Guidelines and Rules of Procedure in its investigations. Parties interested in understanding how the Commission will carry out its duties under the Competition Act are strongly advised to familiarize themselves with these documents. They are available for download here

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Competition Commission of Mauritius launches first investigation

10th December 2009. The Competition Commission today launched its first investigation under the Competition Act 2007. Read the press release here
.

21st December – Competition Commission launches investigations in beef and travel agent sectors

The Competition Commission today opened two more investigations. These investigations relate, among other things, to possible breaches of the prohibition on collusive agreements. See the Press release here or the ‘Current Investigations’ page for further details.