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Competition Commission signs Memorandum of Understanding with the Bank of Mauritius March 2010

At a ceremony on 26th August 2010, at the Bank of Mauritius, the CCM signed a Memorandum of Understanding (MOU) that it is required under the Competition Act to conclude with sector regulators. This MOU was signed by Mr John Davies, Executive Director for the CCM and Mr Y Googoolye, First Deputy Governor of the Bank of Mauritius., in the presence of Mr Bheenick, Governor of the Bank of Mauritius, and Mr Rajiv Servansing, Acting Chairman of the Competition Commission.
This MoU intends to promote co-operation and coordination between the CCM and the BOM when dealing with cases of anti-competitive behavior where they have overlapping powers. It will facilitate the treatment of cases of anti-competitive behavior within the Banking sector, through sharing of expertise between the two different bodies whenever necessary but more importantly sharing of information relevant to the exercise of the respective functions of both the CCM and the BOM.
Very often, functions of sector regulators may overlap with those of competition agencies, and thus there is a risk of duplication of activities and also double jeopardy to licensees of those sector regulators. This MoU effectively deals with this by providing for the minimization of duplication of investigations, as well as preventing double jeopardy. More importantly, it enables the exchange of information of the licensees of the Bank of Mauritius in order to enable the CCM to carry out its functions effectively.
The Executive Director, Mr John Davies highlighted the fact that the Competition Act 2007 applies to all sectors of the economy including the banking sector. He stressed the importance of a Memorandum of Understanding between the Competition Commission and sector regulators to enable competition law to be effectively applied. This type of cooperation, he said is of prime importance to give the necessary confidence and comfort to licensees of sector regulators, that they will not face ‘double jeopardy’, in cases where the functions/objectives of a sector regulator and the CCM overlaps.