Section 46: Existence of monopoly situation

46. Existence of monopoly situation (1) A monopoly situation shall exist in relation to the supply of goods or services of any description where— (a) 30 per cent or more of those goods or services are supplied, or acquired on the market, by one enterprise; or (b) 70 per cent or more of those goods or services are supplied, or acquired on the market, by 3 or fewer enterprises. (2) A monopoly situation shall be subject to review by the Commission where the Commission has reasonable grounds to believe that an enterprise in the monopoly situation is engaging in conduct that— (a) has the object or effect of preventing, restricting or distorting competition; or C36A – 17 [Issue 3] Competition Act (b) in any other way, constitutes exploitation of the monopoly situation. (3) In reviewing a monopoly situation, the Commission shall take into account— (a) the extent to which an enterprise enjoys, or a group of enterprises enjoy, such a position of dominance in the market as to make it possible for that enterprise or those enterprises to operate in that market, and to adjust prices or output, without effective constraint from competitors or potential competitors; (b) the availability or non-availability of substitutable goods or services to consumers in the short term; (c) the availability or non-availability of nearby competitors to whom consumers could turn in the short term; and (d) evidence of actions or behaviour by an enterprise that is, or a group of enterprises that are, a party to the monopoly situation where such actions or behaviour that have or are likely to have an adverse effect on the efficiency, adaptability and competitiveness of the economy of Mauritius, or are or are likely to be detrimental to the interests of consumers. (S. 46 came into operation on 25 November 2009.) Sub-Part IV – Control of Merger Situations by Commission