Mauritius (March 14, 2003)

Score = 13

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

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. Moreover, Article 11(2)(a) prohibits 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.