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

Mauritian Competition Law optimising the ‘object or effect’ test of the Unilateral Conduct Rules under the Competition Act 2007
Mauritian Competition Law optimising the ‘object or effect’ test of the Unilateral Conduct Rules under the Competition Act 2007
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.
University of Southampton
Rungien, Siven Pillay
7169f964-ce86-43dd-b497-b5a7699fcc43
Rungien, Siven Pillay
7169f964-ce86-43dd-b497-b5a7699fcc43
Schmidt, Hedvig
79ee57ca-7da9-43ea-93bc-2c3ad29e714a

Rungien, Siven Pillay (2017) Mauritian Competition Law optimising the ‘object or effect’ test of the Unilateral Conduct Rules under the Competition Act 2007. University of Southampton, Doctoral Thesis, 320pp.

Record type: Thesis (Doctoral)

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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Published date: August 2017

Identifiers

Local EPrints ID: 422200
URI: http://eprints.soton.ac.uk/id/eprint/422200
PURE UUID: 5961b977-b3d7-4e1c-af1a-5bd747e146a8
ORCID for Hedvig Schmidt: ORCID iD orcid.org/0000-0002-0549-1377

Catalogue record

Date deposited: 18 Jul 2018 16:31
Last modified: 28 Jun 2020 04:01

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