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Application for Guidance on merger situation

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
Competition Commission
10th Floor, Hennessy Court
Pope Hennessy Street
Port Louis

Email: info@competitioncommission.mu

What is application for merger guidance?

Application for merger guidance is an applic​ation made under section 47 of the Competition Act 2007, by one or more parties to a merger situation for the Competition Commission’s guidance as to whether the anticipated merger will, if carried into effect, likely to result in a substantial lessening of competition within any market for good or services in Mauritius.

What is a merger situation?

​Merger situation has a broad meaning within the Act and is defined as the bringing together under common ownership and control of 2 or more enterprises of which one at least carries its activities, in Mauritius, or through a company incorporated in Mauritius. It encompasses acquisition of minority shareholdings in so far that the acquirer is able to materially influence the policy of the target. More information is available at Section 2 of the CC5 Guidelines on Mergers.

When does a merger situation warrant the intervention of the Competition Commission?

​The Competition Commission will intervene when it determines that the merger situation is likely to substantially lessen competition in any market in Mauritius. For example, where the merger situation may result in increased prices, reduced competition, elimination of an important competitor, and so on.

Can I seek the guidance of the Competition Commission on a prospective merger situation?

​Yes, section 47 of the Act provides that where 2 or more enterprises intend to be in a merger situation, any one of the enterprises may apply to the Commission for guidance as to whether the proposed merger situation is likely to result in a substantial lessening of competition within any market for goods or services.

When is it recommended to apply for the Guidance of the Competition Commission?

​There is no specific threshold set for the application of guidance of the Competition Commission. However, it is strongly recommended to apply for guidance where the acquirer (including enterprises in which it, or its parent, or related companies has material influence), and the target (including enterprises in which it has material influence) offer goods or services which are related (horizontally, vertically or being complementary), where any party to the transaction is an important player in the economy or a market, and where the transaction can impact on competition. In case of doubt, parties can discuss with the Competition Commission through the pre-notification process. For more information, please consult the Guidance note on merger notification.

Are parties under an obligation to inform the Commission of a merger?

No. Seeking the guidance of the Competition Commission is voluntary.

Isn’t it better to merge without informing the Commission?

This can be risky.

Notifying before completion of the transaction brings several benefits like certainty to the transaction, the transaction can be tailor made taking into account concerns of the Commission, if any, the cost of implementing remedies of the Commission is lower before completion of the transaction and following the guidance of the Commission informed decision can be taken.

Note that the Competition Commission has power to investigate completed mergers and has its own mechanism to detect mergers which have not been notified. As such it is likely that the transaction will be detected by the Commission.

What if I need help on the notification process?

The Competition Commission can assist you on the process for notification and nature of information required. Pre-notification consultation is also available whereby parties can discuss the notification process with the Competition Commission.

Parties can also seek the assistance of experts in such field.