[Community-Discuss] Exchange with the Competition Commission of Mauritius

[Alan Barrett]

Dear AFRINIC members and community,

I am now able to report on the investigation into competition issues that was started last year. 

AFRINIC informally approached the Competition Commission of Mauritius (CCM) in November 2017 with an inquiry about potential competition issues. In particular, we asked whether the absence of a policy for inter-regional transfer of IP address space (between AFRINIC members and members of other RIRs) was likely to be considered a violation of the Competition Act.

The Competition Commission is not mandated to give advice upon request.  As per the Commission’s standard screening procedures, an internal assessment was conducted to review the submissions of AFRINIC.  The internal review was not shared with AFRINIC since no formal complaint had been lodged.  Upon request from AFRINIC, an outline of the legal and analytical framework which could apply to the submissions was shared over an informal meeting in June 2018.

Without prejudice to the Competition Commission, it was agreed that AFRINIC could report the following:

In the event that a formal complaint were to be filed with the CCM, averring that economic activities within, or having an effect within Mauritius were affected by the alleged lack of a policy for inter- regional transfer of IP address space, the Executive Director could decide to enquire into the matter. Amongst other legal thresholds, the Executive Director would need to form a view on whether or not AFRINIC is an “enterprise” under section 2 of the Competition Act 2007, and whether AFRINIC’s fees are so high as to be considered excessive.

Regards,

Alan Barrett
CEO, AFRINIC