Mauritius Competition Law [Fundamental Elements]

12. Collusive agreements
(1) Where, under any agreement-
(a) the parties acquire or supply goods or services of the same
description, the object of which is, in any way, to -
(i) fix the selling or purchase prices of the goods or
services; or
(ii) share markets or sources of supply; or
(iii) restrict the supply of the goods or services to, or the
acquisition of them from, any person; and
(b) the effect of which significantly prevents, restricts or distorts
competition,
that agreement shall be regarded as a collusive agreement.
(2) Subject to subsection (3), any agreement, or provision thereof,
which amounts to a collusive agreement, is prohibited and void.
(3) Any agreement of the classes specified in the Third Schedule shall
not be considered as a collusive agreement.

14. Bid-rigging
(1) Subject to subsection (2), no person shall enter into an agreement
whereby one party –
(a) agrees not to submit a bid or tender in response to an
invitation for bids or tenders; or
(b) agrees upon the price, terms or conditions of a bid or tender
to be submitted in response to such a call or request.
(2) This section does not apply to –
(a) an agreement to which the only parties are interconnected
bodies corporate; or
(b) an agreement the terms of which are made known to the
person making the invitation for bids or tenders at or
before the time when any bid or tender is made by a party to
the agreement.
(3) A person who contravenes sub-section (1) shall commit an offence
and, on conviction, shall be liable to a fine not exceeding 500,000 rupees or to
imprisonment for a term not exceeding 5 years.
(4) Where the Director is satisfied that any person has contravened
section 14, he shall refer the matter to the Police.

13. Anti-competitive agreements
(1) For the purposes of this Act, and subject to subsection (2), any
agreement or part thereof -
(a) whereby the parties to the agreement or as a result of which
such parties may supply or acquire a substantial share of the
market of goods or services of same description; and
(b) the object or effect of which is to significantly prevent, restrict
or distort competition.
shall be considered as an anti-competitive agreement.
(2) The Minister may, in the public interest or where he is satisfied that
such an agreement is beneficial to the consumers, exempt any agreement from
the provisions of this section

Dominance

10. Monopoly situation
(1) For the purposes of this Act, and subject to subsection (2), a
monopoly situation exists in relation to the supply or acquisition of goods or
services of any description where competition is non-existent or where the
enterprise enjoys a dominant position in a given market.
(2) In determining whether a monopoly situation exists under
subsection (1), account shall be taken of the availability of substitutable goods
or services and all nearby competitors to which consumers could turn in the
short term.
(3) Subsection (1) does not apply to goods and services listed in the
Second Schedule.
(4) For the purposes of this Act, a "dominant position" means an ability
to influence unilaterally price or output of goods or services in a given market.

Joint Dominance

11. Abuse of monopoly situation
(1) Subject to subsection (2), an abuse of monopoly situation occurs
where an enterprise-
(a) which is in the position defined under section 10; and
(b) by itself or together with other enterprises -
(i) acts or behaves in such a manner as to unduly limits
the ability of other persons to supply or acquire goods
or services of the same description; and
(ii) such acts or behaviour either have or are likely to
have an adverse effect on the efficiency,
adaptability and competitiveness of the economy,
or are, or are likely to be, detrimental to the
interests of consumers.
(2) For the purposes of subsection (1), any act or behaviour
which -
(a) directly or indirectly imposes unfair purchase or selling prices
or other unfair trading conditions such as below-cost pricing;
(b) limits supply, production, markets or technical development
to the prejudice of consumers;
(c) amounts to applying dissimilar conditions to equivalent
transactions with other trading partners, thereby placing
them in a competitive disadvantage; or
(a) makes the conclusion of contracts subject to acceptance by
the other parties of supplementary obligations which by their
nature or according to commercial usage have no
connection with the subject of the contracts,
shall be taken into consideration in determining whether an abuse of monopoly
situation has arisen.

Predatory pricing Article 11

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