Mauritian Competition Law optimising the ‘object or effect’ test of the Unilateral Conduct Rules under the Competition Act 2007

Abstract

This Thesis concerns the unilateral conduct rules of the Competition Act 2007 of Mauritius. The Thesis compares the 2007 Act against two other models of competition – South Africa and the European Union. The analysis demonstrates that the Mauritian unilateral conduct rules represent a sophisticated qualified effects-based approach to assessing abuse of dominance, however there are a number of issues regarding its implementation. In assessing these issues, this Thesis contributes to knowledge in this area in the following ways. First, it identifies the key role of competition culture in achieving long-term social welfare and the concomitant goals of the Mauritian unilateral conduct rules. Second, it demonstrates how a flexible approach to those rules, taking into account both ‘object’ and ‘effect’, will not only improve the legitimacy and transparency of legislation but also ensure that the Competition Act 2007 contributes to both the ongoing economic development of Mauritius and positive social change.

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ORCID for Hedvig Schmidt: orcid.org/0000-0002-0549-1377

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