The Competition Commission of Mauritius
("CCM") has issued a communiqué on 9 April 2020 stating that
it understands that:
- enterprises may have to collaborate during these uncertain
times in order to ensure provision of essential products and
services;
- certain prohibitions as contained under the Competition Act
2007 (the "Act") may create uncertainty
as to what may be permissible in terms of collaboration in the
context of the Coronavirus (COVID-19).
In light of the above, the communiqué states that, in its
capacity as regulator and enforcer, the CCM will not limit or
prevent necessary and critical cooperation, provided that these are
in the interests of consumers and the public, and does not go
longer or further than what is necessary in the current climate. It
is our view that this derogation may apply only to those
enterprises involved in the supply or purchase or essential goods
and services.
