Section 47: Merger situation

47. Merger situation (1) For the purposes of this Act and subject to subsection (2), a merger situation means the bringing together under common ownership and control of 2 or more enterprises of which one at least carries its activities in Mauritius, or through a company incorporated in Mauritius. (2) For the purpose of subsection (1), enterprises shall be regarded as being under common control where they are— (a) enterprises of interconnected bodies corporate; (b) enterprises carried on by 2 or more bodies corporate of which one person has or groups of persons have control; or (c) 2 distinct enterprises, one carried on by a body corporate and the other carried on by a person having control of that body corporate. (3) Any person may be treated as bringing an enterprise under his control where— (a) he becomes able to control or materially to influence the policy of the enterprise, but without having a controlling interest in it; (b) being already able to control or materially to influence the policy of the enterprise, he acquires a controlling interest in it; or [Issue 3] C36A – 18 Revised Laws of Mauritius (c) being already able materially to influence the policy of the enterprise, he becomes able to control that policy. (4) Where 2 or more enterprises intend to be in a merger situation, any one of the enterprises may apply to the Commission for guidance as to whether the proposed merger situation is likely to result in a substantial lessening of competition within any market for goods or services. (S. 47 came into operation on 25 November 2009.)