PRESS RELEASE ON SIGNING OF MEMORANDUM OF UNDERSTANDING BETWEEN CCM AND ICTA

"Competition Commission signs Memorandum of Understanding with the Information and Communication Technologies Authority (ICTA)"

At a ceremony on 18 th March 2010, at the Labourdonnais Hotel in Port Louis, the CCM signed the first of several Memoranda of Understanding (MOUs) that it is required under the Competition Act to conclude with sector regulators.  This first MOU, with the ICTA, was signed by Acting Chairman Mr Rajiv Servansingh and Mr John Davies for the CCM and ICTA Chairman Mr Trilock Dwarka and Executive Director Dr Krishna Oolun for the ICTA. 

The aim and Coverage of the MoU

The Competition Act empowers the Competition Commission to investigate and remedy anti-competitive behaviours as defined under the Competition Act 2007. In certain aspects of information and communication technologies regulation, the Competition Commission of Mauritius (CCM) and the Information and Communication Technologies Authority (ICTA) have overlapping powers. This is because the conduct of an operator in the supply of information and communication services which may be considered objectionable under section 30 of the ICT Act 2001, may also infringe the Competition Act 2007.

In order to promote co-operation and coordination between the CCM and the ICTA, when dealing with cases of anti-competitive behaviour, especially where such powers is overlapping, the CCM has today signed a Memorandum of Understanding with the ICTA as provided for under section 66 of the Competition Act.

The CCM and the ICTA have agreed to, inter alia :

•  facilitate the treatment of cases of anti-competitive behaviour within the information and telecommunication sector and decide at the outset of an investigation as to who should investigate an alleged conduct which may be a considered anti-competitive in accordance with defined criteria;

•  minimize the duplication of activity, wherever possible by coordinating their approaches, by adopting the same analytical approach and discussing remedies under the Competition Act;

•  conducting joint investigations, whenever appropriate;

•  enabling ICTA to comment and contribute to the CCM's Investigation reports; and

•  ensure that the remedies imposed by the CCM by ICTA's licensees are effectively implemented.