Fair Competition

Laws promoting fair competition in Mauritius are:

a. The Competition Act 2007

The objective of this legislation is to regulate competition in Mauritius and to provide for the control of restricted business practices. It also provides for the establishment of a Competition Commission.

The Act defines several restrictive business practices, namely abuse of monopoly situation, collusive agreements, anti-competitive agreements, bid-rigging and provides for measures of control of such practices.

b. The Protection against Unfair Practices (Industrial Property Rights) Act 2002

This legislation provides for protection against unfair practices involving use of a trademark, trade name, a business identifier, the appearance of a product, the presentation of products and services.

c. The Fair Trading Act 1979

The Fair Trading Act provides for better control of trade practices and related matters. One of the core provisions of this legislation is that no person shall for the purpose of trade or promotion carry on a consumer trade practice which has the effect or is likely to have the effect of:

(a) misleading consumers as to, or withholding from them adequate information as to, their rights and obligations under any consumer transaction;

(b) otherwise misleading or confusing consumers with respect to any matter in connection with any consumer transaction.

(c) Subjecting consumers to undue pressure to enter into any consumer transaction.

(d) Causing the terms or conditions, on which consumers enter into any consumer transaction to be so adverse to them as to be detrimental to their interest.