Mauritius merger control
Produced in partnership with Appleby

The following Competition practice note produced in partnership with Appleby provides comprehensive and up to date legal information covering:

  • Mauritius merger control
  • 1. Have there been any recent developments regarding the Mauritian merger control regime and are any updates or developments expected in the coming year? Are there any other ‘hot’ merger control issues in Mauritius?
  • 2. Under Mauritian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Competition Commission?
  • More...

Mauritius merger control

A conversation with Malcolm Moller, partner, and Zahrah Juman, legal executive in the Mauritius office of global offshore law firm Appleby on key issues on merger control in Mauritius.

NOTE–to see whether notification thresholds in Mauritius and throughout the world are met, see Where to Notify.

Mauritius is also a member of COMESA, which operates a supra-national merger control regime.

1. Have there been any recent developments regarding the Mauritian merger control regime and are any updates or developments expected in the coming year? Are there any other ‘hot’ merger control issues in Mauritius?

No new legislations or substantial amendments are expected in the near future. Following the 2021 amendment to the Competition Act 2007 (the Act) to introduce provisions on the protection from liability of the Competition Commission of Mauritius (the Commission) and its officers and the protection of informers, the Act was further amended in 2019 to state that every person specified in subsection (1) of section 39 of the Act shall be deemed to be a public officer or a person lawfully engaged, authorised or employed in the performance of a public duty.

The Commission, set up by the Act, is an independent statutory body that enforces the legislation.

As required by the Act, the Commission has published guidance documents (the Guidelines) setting out:

  1. guidance on the economic and legal analysis which shall be

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