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The Competition Commission of Mauritius (“CC”) has introduced a time‑limited amnesty programme for trade associations, cooperatives and their members to come forward and disclose cartel conduct and bid rigging in exchange for immunity from financial penalties. The programme will run from 25 May to 25 November 2026.
The programme
On 15 May 2026, the CC announced the Trade Association and Cooperatives Amnesty Programme (“TACAP”), a one‑off initiative aimed at uncovering collusive conduct arising within trade associations, cooperatives and similar industry structures.
Under the Competition Act 2007, horizontal collusion and bid rigging are prohibited under sections 41 and 42. These provisions target hardcore cartel conduct, including price fixing, market allocation and coordination in tenders. Businesses found to have engaged in such conduct face administrative penalties of up to 10% of turnover per year of infringement, capped at five years.
Scope of the amnesty
The programme is available to trade associations (including professional bodies); cooperatives; and their members.
It applies to cartel conduct and bid rigging that:
- is ongoing;
- has already taken place;
- was discussed but not implemented; or
- intended to be implemented.
Successful applicants may obtain immunity from financial penalties, which would otherwise be significant. In order to benefit, applicants must:
- submit a formal application,
- meet all regulatory conditions, and
- cooperate fully with the CC and implement corrective measures.
Applications will not be accepted after 25 November 2026.
Practical implications for business
TACAP targets a form of risk that typically arises through interaction between competitors in industry settings, rather than through formal cartel arrangements.
Such exposure may develop in the course of:
- discussions within association meetings or working groups;
- exchanges of commercially sensitive information between members; and
- industry practices, recommendations or rules that influence how members compete.
Participation in trade associations and cooperatives, though not of itself anti-competitive, can therefore give rise to competition law exposure that is not always evident internally.
Businesses should review how member interactions take place in practice, in particular by examining meeting records, communications, internal policies, pricing practices and any industry rules or guidance that may influence commercial conduct on the basis of information gathered through such interactions with competitors.
Where multiple members of the same association are involved, prompt engagement with the programme would be prudent, as applicants who come forward first may secure greater protection from penalties.
The CC has indicated that it will publish additional resources, including the application form, an FAQ sheet, a TACAP Guidance Note and template undertakings for applicants. We will continue to monitor developments and share further insights as the programme unfolds.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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