Section 50: Assessment of restrictive business practices

50. Assessment of restrictive business practices (1) The Commission shall, in relation to every agreement falling under Sub-Part I of this Part, establish whether, on the facts of the case, the parties to the agreement have infringed the prohibition imposed under that SubPart. C36A – 19 [Issue 3] Competition Act (2) When reviewing a matter falling within Sub-Parts II, III and IV of this Part, the Commission shall have regard to the desirability of maintaining and encouraging competition and the benefits to be gained in respect of the price, quantity, variety and quality of goods and services, and shall first determine whether competition in any market is adversely affected in that, in the case of— (a) a reviewable restrictive agreement, the agreement has the object or effect of preventing, restricting or distorting competition; (b) a monopoly situation, the conduct of one or more parties— (i) has the object or effect of preventing, restricting or distorting competition; or (ii) in any other way, constitutes exploitation of the monopoly situation, having regard to the factors set out in section 46; (c) a merger situation, the creation of a merger situation has resulted, or is likely to result, in a substantial lessening of competition within any market or markets for goods and services. (3) Where the review of the matters described in subsection (2) leads to a finding by the Commission that there are adverse effects for competition in a particular case, it shall, before deciding on any appropriate remedial action to be taken as provided for under Part VI, consider— (a) if any of the offsetting public benefits specified in subsection (4) is present; and (b) whether and to what extent the benefits, if they are present, should be taken into account in determining the remedial action to be taken. (4) A benefit shall be considered for the purposes of subsection (3) (a) if it is shown that the effects of any absence, prevention, restriction or distortion of competition are outweighed by specific gains in respect of— (a) the safety of goods and services; (b) the efficiency with which goods are produced, supplied or distributed or services are supplied or made available; (c) the development and use of new and improved goods and services and in the means of production and distribution; or (d) the promotion of technological and economic progress, and the benefit has been or is likely to be shared by consumers and business in general. (S. 50 came into operation on 25 November 2009.) [Issue 3] C36A – 20 Revised Laws of Mauritius PART IV – INVESTIGATIONS