Section 59: Financial penalty

59. Financial penalty (1) The Commission may, in relation to a restrictive agreement falling within the scope of sections 41, 42 and 43, in addition to, or instead of, giving a direction, make an order imposing a financial penalty on the enterprise. (2) The Commission shall not impose a financial penalty unless it is satisfied that the breach of the prohibition was committed intentionally or negligently. (3) Where the Commission imposes a financial penalty on an enterprise, the financial penalty shall not exceed 10 per cent of the turnover of the enterprise in Mauritius during the period of the breach of the prohibition up to a maximum period of 5 years. (4) An order imposing a penalty under subsection (1) shall be in writing and shall specify the date before which the penalty is required to be paid. (5) The date specified under subsection (4) shall not be earlier than the end of the period within which an appeal against the order may be brought under Part VIII. (6) Where a penalty is not paid within the specified date and— (a) no appeal against the order is brought under Part VIII; or (b) an appeal is made but is dismissed or withdrawn, the Commission may apply to the Judge in Chambers for a mandatory order to enforce the payment of the penalty against the enterprise concerned. (7) The Commission may grant immunity or leniency to any person in such circumstances as may be prescribed. (S. 59 came into operation on 25 November 2009.) [S. 59 amended by s. 6 (d) of Act 27 of 2012 w.e.f. 22 December 2012.]