Section 62: Interim measures

62. Interim measures (1) Where— (a) the Commission has reasonable grounds to suspect that an enterprise is a party to a prohibited agreement and has not completed its examination of the matter, but believes that there is the risk of serious or irreparable damage to a particular person as a consequence of the agreement; (b) an enterprise is a party to an agreement which is subject to review, to a monopoly situation or to a merger situation, on which the Commission has opened but not completed an investigation, and where the Commission is satisfied that— (i) there is prima facie evidence that competition is being prevented, restricted, distorted or substantially lessened and that, in consequence, serious or irreparable damage may be caused to a particular person; or (ii) the enterprise is taking steps that would effectively preempt remedial action being taken that would restore the conditions of competition existing prior to the investigation, the Commission may, after having taken cognisance of the report of the Executive Director on the matter, give such directions as it considers appropriate if, as a matter of urgency, it considers it is necessary to do so to— (A) prevent serious or irreparable damage to a particular person or category of persons; [Issue 3] C36A – 26 Revised Laws of Mauritius (B) protect the public interest; or (C) prevent pre-emptive action being taken by the enterprise under investigation. (2) A direction given under this section shall be in writing. (3) The Commission shall give an enterprise to which it intends to give a direction the opportunity to make representations before the direction is given. (S. 62 came into operation on 25 November 2009.)