Section 60: Directions relating to distortion, prevention or restriction of competition

60. Directions relating to distortion, prevention or restriction of competition (1) Where the Commission determines, after review, that an enterprise is a party to a restrictive agreement falling within the scope of section 44 or 45 or that it is a party to a monopoly situation falling within the scope of section 46, and that— (a) in relation to the restrictive agreement, the agreement has the object or effect of preventing, restricting or distorting competition; or (b) in relation to the monopoly situation, any conduct of the enterprise— (i) has the object or effect of preventing, restricting or distorting competition; or continued on page C36A – 25 C36A – 24 (1) [Issue 5] Revised Laws of Mauritius (ii) in any other way, constitutes exploitation of the monopoly situation, the Commission may give the enterprise such directions as it considers necessary, reasonable and practicable to— (A) remedy, mitigate or prevent the adverse effects on competition that the Commission has identified; or (B) remedy, mitigate or prevent any detrimental effects on users and consumers so far as they have resulted from, or are likely to result from, the adverse effects on, or the absence of, competition. (2) In determining, in any particular case, the remedial measures required to be taken, the Commission shall have regard to the extent to which any of the offsetting benefits specified in section 50 (4) are present in that case. (3) Subject to subsections (1) and (2), a direction under this section may include, but is not limited to, a requirement that the enterprise to which it is given shall— (a) terminate or amend an agreement; (b) cease or amend a practice or course of conduct, including conduct in relation to prices; (c) supply goods or services, or grant access to facilities; (d) separate or divest itself of any enterprise or assets; (e) provide the Commission with specified information on a continuing basis. (4) A direction given under this section shall be in writing. (S. 60 came into operation on 25 November 2009.)