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Davies, John --- "Commentary on Part Two Chapters" [2012] ELECD 833; in Whish, Richard; Townley, Christopher (eds), "New Competition Jurisdictions" (Edward Elgar Publishing, 2012)

Book Title: New Competition Jurisdictions

Editor(s): Whish, Richard; Townley, Christopher

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857939517

Section Title: Commentary on Part Two Chapters

Author(s): Davies, John

Number of pages: 13

Extract:

Commentary on Part Two chapters
John Davies1

The three chapters for which I acted as discussant provide perspectives on
three very different aspects of deterring anti-competitive behaviour in new
jurisdictions. I will therefore comment on each of them individually, after
some general comments on the subject.


1. GENERAL COMMENTS ON DETERRENCE,
AWARENESS AND BUILDING CAPABILITY IN
NEW JURISDICTIONS

The chapters in this part discuss a number of new jurisdictions for com-
petition policy. My expertise in this area derives partly from having
established an agency in such a new jurisdiction. In 2007, the Republic
of Mauritius passed its Competition Act. This was effectively its first
competition law. Mauritius had passed a Fair Trading Act in 1979, which
contained some provisions relating to competition but, apart from some
citations in civil proceedings, this Act had almost no effect as a practi-
cal competition instrument (its consumer protection elements were more
effective). A Competition Act was passed in 2003, but was still not in
effect by the time a new government was elected in 2005. This government
decided not to bring it into effect in any form, and therefore passed entirely
new legislation in the Competition Act 2007. This Act repeals the 2003 Act
and amends the Fair Trading Act 1979, establishing a competition regime
along well accepted international lines and a Competition Commission to
enforce it.
I was appointed Executive Director of this Competition Commission in
early 2009. Commissioners were appointed in June 2009, at which time the
Commission came ...