The Competition Commission of Mauritius
("CCM") is temporarily extending its
leniency programme to initiators/ringleaders of cartels until 31
August 2017. To this effect, the CCM has amended its Guideline on
Collusive Agreements ("CCM 3").
Ordinarily, cartel initiators/ringleaders are excluded from the
leniency programme and the CCM imposes an asymmetrically harsh
penalty on them, in line with the absolute prohibition on cartel
activities under sections 41 and 43 of the Competition Act, 2007.
However, under the temporary amnesty, cartel initiators/ringleaders
and any other cartel participant may benefit from total immunity or
up to 100% reduction in penalties. If any cartel participant,
including the initiator/ringleader, reports cartel activities in
which it has participated before the launch of an investigation by
the CCM, it may benefit from total immunity. If a participant in a
cartel comes forward after the launch of an investigation, it may
benefit from up to