The Competition Act 2007 (the ‘Act’) provides for the control of merger situations by the Competition Commission. Where a merger situation is likely to result in substantial lessening of competition in any market in Mauritius, the Competition Commission is empowered to impose directions to remedy the situation, including directions to block the merger or to require divestment of assets.
Section 47 of the Act offers enterprises which are party to a merger situation the opportunity to seek the guidance of the Competition Commission on whether the merger situation is likely to result in substantial lessening of competition. The Competition Commission strongly encourages enterprises parties to merger situations to seek the guidance of the Competition Commission as it provides certainty on whether the transaction is in conformity with the Act and is more beneficial to parties.
For more information on applying for the guidance of the Competition Commission on merger situations, please consult:
For more information on substantive assessment of merger situations, please consult:
How to apply for guidance
Applications for guidance can be made by providing the information listed in the Form 1 and submitting it to the Competition Commission. Upon receipt of the complete information listed in Form 1, the Competition Commission will conduct an assessment which is expected to be completed within 30 working days.
If the information provided under Form 1 and its supporting documents contain any information which the applicant deems to be confidential, a non-confidential version of the form or document must be submitted. The Competition Commission may seek further clarification in relation to confidentiality. The purpose of the non-confidential version is to allow the Competition Commission to seek inputs from third parties relating to what has been stated in the document concerned.
If, in the first phase assessment, the Competition Commission is unable to conclude that the merger does not raise competition concerns, it will proceed to conduct a more detailed assessment.
For a more detailed assessment, the Competition Commission may ask any questions and information it deems relevant and a new deadline shall be set according to the complexity of the case which shall in no circumstances exceed 6 months.
Parties can engage with the Competition Commission prior to filing a formal notification, where information requirements and processes may be discussed.
For more details please consult the Guidance note on merger notification.
Applications should be submitted to:
The Executive Director
10th Floor, Hennessy Court
Pope Hennessy Street