Exciting developments ahead in the realm of competition law! As per the National Budget 2024-2025, amendments are forthcoming for the Competition Act regarding rights of appeal before the Supreme Court of Mauritius.
The Competition Act will be amended to, henceforth, allow for an appeal before the Supreme Court against any ruling, decision, order or direction of the Competition Commission.
Section 67(1)(a) of the Competition Act presently provides for a right of appeal to the Supreme Court against an order or direction of the Competition Commission only. In the absence of any definitions of the terms “order” and “direction” in the Competition Act, the Supreme Court has recently held that that appeals under section 67 are limited to an order or direction of the Competition Commission, as expressly provided for in the Competition Act, and would not include any decision of the Competition Commission, such as a decision to stay proceedings for abuse of process, which is neither an order nor a direction under the Competition Act. Under the Competition Act, the Competition Commission is empowered to make an order imposing a financial penalty on, or to give directions to, any enterprise in prescribed situations after due process, in response to restrictive business practices.
The proposed amendments broaden the scope of the right of appeal to encompass decisions and rulings of the Competition Commission, which possesses adjudicative powers.
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