Etude Dya Ghose

Competition Law

Competition Law

Since 2015, ETUDE DYA GHOSE, Attorneys have been advisers to the Competition Commission of Mauritius. We not only advise and represent CCM in all its leading competition cases but also act for it in all its cases before courts. We further contribute to the amendments to the existing Competition laws and to the drafting of the Rules under the Act. We provide advice from the prosecuting side as well as from defensive side from dawn raid or other commencement of an investigation, leniency applications, conducting investigations, defending appeals, and civil litigations. From the outset, our practice has handled the most complex of local and international cartel, dominance and merger cases in Mauritius.

We further act for a variety of private clients in damages claims in competition actions and for employers to enforce anti-competitive convenants.

Key experience:

• Advised on the matter Visa Worldwide Pty Ltd, Mastercard International Inc & BCP Bank (Mauritius) Limited v The Competition Commission of Mauritius and its Executive Director – appeal of decisions of the Commission to limit interchange fees charged by the appellants for debit and credit card payments to a maximum of 0.5% in Mauritius. All the Banks operating in Mauritius are parties to these appeals.

• Advised and acted for the Competition Commission in actions for disclosure of documents and information in relation to procurement contracts.

• Defended the Commission in stay applications of decisions and judicial review applications in relation to the enforcement of an arbitral award – dispute arising under the termination of a contract of affreightment.

• Defended the Commission against judicial review proceedings initiated by two major telecommunication operators and service providers to challenge decisions of Commission to initiate enquiries in relation to the pricing of mobile data.

• Acted for Ocorian Corporate Services (Mauritius) Limited in restriction orders against former employees for anti-competitive behaviour.

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