Problems in the Ports! Competition Commission of Mauritius Launches a Market Study in the Ports Industry

By: Tyla Lee Coertzen (African Antitrust)

On February 26, 2024, the Competition Commission of Mauritius (CCM) declared the commencement of a market analysis within the ports sector as per Section 30 of the Mauritian Competition Act of 2007.

Section 30 grants authority to the Executive Director of the CCM to conduct comprehensive studies evaluating competition effectiveness within various sectors of Mauritius’ economy. As outlined in the CCM’s press release,[1] the study aims to furnish recommendations to the Mauritian government to enhance the market for the betterment of consumers, businesses, and the Mauritian economy overall. The release confirms the study’s focus on identifying potential distortions in the competitive process that may adversely impact competition. It’s crucial to note that a market analysis conducted under Section 30 isn’t a formal investigation of restrictive practices by the CCM; rather, it’s a broad assessment to gather additional information regarding competition effectiveness in the sector. The Act doesn’t provide for the consideration of public interest effects concerning competition law in Mauritius. Hence, the market analysis is presumably directed solely towards competition-related effects…

CONTINUE READING…