[Community-Discuss] Update on the complaint lodged against AFRINIC at the Competition Commission of Mauritius

[Mike Silber]

Hi Jordi

I also find it unusual - but I am not sure either you or I are in a position to opine.

Amreesh gave a perfectly reasoned explanation of what *might* be the case and I am not sure that arguing the issue changes anything.

Maybe you can go argue the issue with the Mauritian Competition Authorities …. or try propose AFRINIC moves to a different jurisdiction and see how far you get.

Out of interest, in South Africa a competition complaint would not be public at the initial phases either and if the Authorities found that there was no basis for the complaint, they may publish a one line finding. However if either party claimed confidentiality - they would not even publish a finding.

So this is not particularly unusual in an African context and I am not sure I agree with your suggestion that in Europe all complaints are public. The only complaints that I am aware of that are public are those initiated by the competition authorities themselves and not those based on competitor or third party complaints. 

Still, I appreciate the lecture on how democracy should work.

Regards

Mike


> On 17 Feb 2022, at 19:48, JORDI PALET MARTINEZ via Community-Discuss <community-discuss at afrinic.net> wrote:
> 
> I’m not sure I was clear.
>  
> I understand that there may be confidential details from any of the parties, but not the overall claim and the overall decision.
>  
> It will be very strange, at least in democratic countries (I can understand that in dictatorial regimes, obviously), that such kind of claims are confidential or even the resolution, etc. Transparency is a must in democracy.
>  
> I don’t think it is good to have a RIR in a country where public authorities keep such kind of information confidential. It is extremely risky for the RIR.
>  
> For example, in the EU, all the complains for monopoly, GDPR, court decisions … (just to name a few), which affect either citizens or organizations are made public and if any personal data is in those documents, it is just redacted, but only the personal info – anything else is published openly.
>  
>  
>  
>  
> El 17/2/22 18:16, "Amreesh Phokeer" <amreesh.phokeer at gmail.com <mailto:amreesh.phokeer at gmail.com>> escribió:
>  
> Hi JORDI,
> 
> On Thu, Feb 17, 2022 at 7:48 PM JORDI PALET MARTINEZ via Community-Discuss <community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>> wrote:
> >
> > I fail to understand how is possible, that a resolution from a public Competition Commission is not public, even redacting personal data if needed. In normal democratic countries, as I know, all those cases are published in their web site.
> 
> I guess we should keep an eye on:
>  https://competitioncommission.mu/investigation/?status=completed <https://competitioncommission.mu/investigation/?status=completed>
> 
> But I believe if the complaint was "confidential", it will not make its way to the register.
> 
> From the CC website:
> "Request for confidentiality implies that there shall be no detail of the complaint made in the Register of Complaints. Every column in the said register would be blocked out as “Confidentiality Requested”.
> 
> Cheers,
> Amreesh
> 
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