COMPETITION AND ANTI TRUST
Geroudis has pioneered advocacy and developments in Competition law since it was retained by the Government in a World Bank funded project to set up the rules of procedure of the incoming Competition Commission in Mauritius in 2009. We have assisted and advised in projects in French Speaking African countries, UEMOA, COMESA and Indian Ocean region as well as in Mauritius.
Geroudis has been the first to apply for Merger Guidance and has successfully completed clearance for 2 large corporate mergers in Mauritius. We have also been part of a successful clearance at COMESA level and specifically in Mauritius, for a global construction material industry cross border merger.
We assisted our clients to make the only successful opposition to a merger at the level of the Competition Commission which culminated in the first hearing before the Commission. Although Judgment was never released, the merger did not go through.
Our services include support and assistance in investigations of abuse of dominance/monopoly as well as cartel allegations.
Successful defence of cartel and abuse of dominance claims have been made in:
- The construction industry ( price fixing investigation and use of essential facility).
- The motor vehicle industry (excessive pricing investigation).
Geroudis has assisted with the main two leniency applications made in Mauritius.
We provide support to business internal investigations, dealing and liaising with the Commission, Dawn raid management and Judicial review litigation and other administrative and appeal court related actions.
We provide support and assistance to companies in Government procurement applications, review and appeals, both on a competition and a procurement legislation basis.
In 2017 – We pioneered the legal development at the Independent Review Panel authorising allocation of a contract after 30 days of the appeal if no judgment has been handed down. Although provisions existed in the law, this is the first application of those provisions made.
Representations for change
Special Note (Mauritius) : COMESA / Mauritius dichotomy
Mauritius is a signatory of the COMESA treaty and part of COMESA. However, the Mauritian legal system is such that international conventions and treaties do not have force of law in Mauritius unless there is an act of Parliament which enables the convention.
The COMESA treaty is not so enabled. We therefore have the delicate and unenviable position of having 2 applicable competition laws – one enforceable at the level of the COMESA Competition Commission and COMESA Court, and the other in Mauritius and the domestic Mauritius courts.
Founder and Head of legal
Geroudis Law Firm
St Denis Street