Section 15: Prohibited conduct
consolidated text (as at 2008, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
15. Prohibited conduct
(1) Subject to this Act, a licensee shall not take any action or enter into
any agreement which has the effect of—
(a) eliminating or substantially damaging another licensee in the
market in which he operates;
(b) preventing the entry of any other person into that market; or
(c) deterring any other licensee from engaging in any competitive
conduct in such market.
(2) Subject to this Act, a licensee shall not discriminate between persons
to whom its services are provided on the basis of—
(a) any fee or charge for the service provided;
(b) the performance characteristics of the service provided; or
[Issue 1] E4 – 8
Revised Laws of Mauritius
(c) any other term or condition on which the service is provided.
(3) Notwithstanding subsection (2), the Authority may authorise a licensee to charge different rates to different categories of customers for an electricity service provided.
(4) Without prejudice to subsection (1), a licensee shall not enter into or
give effect to any agreement, arrangement or understanding with another
licensee that has or is likely to have, the effect of fixing, controlling or maintaining the prices for, or granting any discount, allowance, credit or rebate
for, any service or any product used in connection with such service.
PART III – OBLIGATIONS OF LICENSEES
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Questions this section answers
- Can a licensee act to eliminate a competitor from the electricity market?
- Can a licensee discriminate between customers on the fee it charges for the same service?