Nandinee Kiran Meetarbhan

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Competition Commission of Mauritius
The Competition Act 2007 Underlying Principles
And Powers
Nandinee Kiran Meetarbhan
Acting Legal Director
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THE COMPETITION ACT
Underlying principles of the Act
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INDEPENDENCE
ORGANS OF THE COMMISSION
THE COMMISSIONERS
THE EXECUTIVE DIRECTOR
Appointed by the President
Fit and Proper Person
Security of tenure
Not a member of National Assembly or local
authority
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INDEPENDENCE
ORGANS OF THE COMMISSION

• THE COMMISSIONERS
• Decides on cases submitted by the Executive
  Director
• Conducts hearing
• Give decision with reasons

• THE EXECUTIVE DIRECTOR
• investigates restrictive practices on his own
  volition or on the basis of complaint
• Not subject to the direction or control of any
  person or authority

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INDEPENDENCE
Intervention of the Minister ?

• Can give direction of a general character
  relating to public policy factors
• What does the CCM do when he receives such
  directions from the Minister ?
• Issues a written reply to the Minister and
  publish the direction of the Minister and its
  reply in the Government Gazette

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PRINCIPLES OF NATURAL JUSTICE
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TRANSPARENCY
MATTERS UNDER THE ACT IS NOT A PRIVATE ISSUE
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TRANSPARENCY
HOW DOES THE ACT ENSURE THIS TRANSPARENCY?

• Through the Annual Report section 35 of the
  Act describes its contents
• Give account of investigation
• Outcome
• Decision of the Commissioner
• Through section 37
• Direction of Minister and CCMs reply to be
  published in the Gazette

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CONFIDENTIALITY
Transparency v/s confidentiality

• The Act requires transparency with a dose of
  confidentiality necessary to protect business
  interests
• Disclosure with consent
• Investigation of criminal offence
• Existence of international agreement
• Requirement of the Court
• Requirement under other enactment in Mauritius.

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POWERS OF THE COMMISSION
Compelling Production of Documents
Administer Oath
Compelling Attendance
Powers Of search And Seizure
Powers to Give Directions
Power to fine
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Regulatory Framework

• Guidelines
• Economic and legal analysis of cases to be
  investigated under the Act
• Ensure good understanding of the Act

• Rules of Procedure
• procedural rules that will guide the
  Commission and the Executive Director in the
  exercise of their powers
• ensure fairness between parties and in
  decision making

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WHAT IS THE ACT TRYING TO ACHIEVE?

• FAIRNESS IN THE INVESTIGATION PROCESS AND
  DECISION MAKING PROCESS
• AN EVEN PLAYING FIELD FOR BUSINESSES
• CONSUMER BENEFITS
• EFFICIENCY AND ECONOMIC GROWTH

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COMPETITION COMMISSION OF MAURITIUS

• THANK YOU

www.ccm.mu