Section 3: Restriction on mergers

3. Restriction on mergers (1) Where 2 or more enterprises intend, by way of merger, to create a new enterprise and a person employed by any of the enterprises is likely, by reason of the merger, to lose his employment, no such new enterprise and T14 – 1 [Issue 1] Trade and Business Enterprises Mergers Act no such merger shall be created unless the Minister, on application made in the prescribed manner by the enterprises, gives his authorisation. (2) The Minister may, having regard to— (a) the economical functioning of the enterprises intending to create the merger; (b) the employment of labour; and (c) the availability of goods and services in any area of Mauritius, prohibit the proposed merger or authorise the proposed merger either conditionally or unconditionally. (3) Where the Minister authorises a proposed merger subject to conditions, the enterprises shall not create or operate the merger unless the conditions imposed by the Minister are complied with. (4) For the purpose of granting an authorisation under this section, the Minister may require any of the enterprises to furnish such information as he may require, and may appoint a board of inquiry consisting of one or more persons to investigate the matter and report to him. (5) Where 6 months have elapsed after an application has been made to the Minister under subsection (1), and no decision has been communicated to the applicant, the proposed merger shall be deemed authorised.