Section 61: Remedies in merger control

61. Remedies in merger control (1) Where the Commission determines, after investigation that— (a) an enterprise is a party to a merger situation; and (b) the creation of the merger situation has resulted, or is likely to result, in a substantial lessening of competition within a market for goods or services, the Commission may give the enterprise such directions as it considers necessary, reasonable and practicable to— (i) remedy, mitigate or prevent the substantial lessening of competition; and (ii) remedy, mitigate or prevent any adverse effects that have resulted from, or are likely to result from, the substantial lessening of competition. C36A – 25 [Issue 3] Competition Act (2) In the case of a prospective merger, a direction may require an enterprise to— (a) desist from completion or implementation of the merger insofar as it relates to a market in Mauritius; (b) divest such assets as are specified in the direction within the period so specified in the direction, before the merger can be completed or implemented; (c) adopt, or desist from, such conduct, including conduct in relation to prices, as is specified in the direction as a condition of proceeding with the merger. (3) In the case of a completed merger, a direction may require an enterprise to— (a) divest itself of such assets as are specified in the direction within the period so specified in the direction; (b) adopt, or to desist from, such conduct, including conduct in relation to prices, as is specified in the direction as a condition of maintaining or proceeding with the merger. (4) A direction given under this section shall be in writing. (S. 61 came into operation on 25 November 2009.)