Competition Commission Of Mauritius Clarifies How Associations And Members Can Access Its Amnesty Programme

Following our newsflash last week on the launch of the Trade Association and Cooperatives Amnesty Programme (TACAP), the Competition Commission (the “CC”) has now published the TACAP Regulations, FAQs and application form.

These materials provide further detail on eligibility, the structure of applications and the conditions that must be met for amnesty to be granted.

Eligibility and scope of applicants

• TACAP is open to trade associations, cooperatives, and professional bodies, provided that the entity was already constituted as at 25 May 2026.
• Applications must be made by or on behalf of the association, cooperative or professional body through authorised representatives.
• Individual members are not able to submit standalone applications.
• An association may apply even where only certain members were involved in the conduct. In that scenario, the application must clearly identify the members concerned, and only those members that consent and comply with the requirements will be covered by the application.
• Any group of members that engaged in cartel / bid rigging conduct without the knowledge or involvement of the association is not eligible to apply under TACAP.

Consent and notification requirements

An application must include the express and unconditional consent of each current or past member seeking to benefit from amnesty, including consent to:

• adherence to the conditions of TACAP;
• the contents of the application; and
• all information submitted in support of the application.

The applicant must also demonstrate that it has taken all reasonable steps to give sufficient advance notice to all members, including past members, of its intention to apply prior to submission.

Conditions for amnesty

The Regulations set out the conditions that must be complied with in order to qualify for amnesty. These include that:

• the applicant must provide the CC with all information, documents and evidence available to it regarding the conduct;
• the applicant and its consenting members must ensure continuous and complete cooperation from the time of submission of the application until the conclusion of the matter;
• the application must contain a clear and unequivocal statement confirming involvement in the reported conduct, including where that involvement may have been negligent;
• the applicant must propose undertakings to ensure cessation of the conduct and compliance with the Competition Act, using the template provided in the application form; and
• the applicant and its consenting members must refrain from further participation in the conduct upon making the application.

The FAQs confirm that neither the applicant nor its consenting members is required to admit liability for the conduct disclosed, but they must provide written declarations as to the accuracy, completeness and truthfulness of the disclosures and agree to fully cooperate and be bound by TACAP conditions.

No marker system or priority

The CC has clarified that TACAP does not operate a marker system and is not based on a “first‑come, first‑served” approach. Applications will be assessed on their individual merits, taking into account the facts disclosed and the level of cooperation.

Importantly, the TACAP programme does not limit the CC’s powers to investigate or take enforcement action against any enterprise involved in cartel or bid rigging conduct that does not apply for, or does not benefit from, amnesty.

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.