Competition Law at Mayotte (France)
Competition law in Mayotte is governed by the Autorité de la concurrence, the French competition authority, which enforces antitrust regulations across all French territories, including overseas regions like Mayotte. The legal framework is primarily based on the French Commercial Code, aligning with EU competition law principles.
⚖️ Key Legal Provisions
Anticompetitive Agreements: Prohibits agreements that restrict or distort competition, such as price-fixing, market-sharing, and bid-rigging.
Abuse of Dominant Position: Outlaws the abuse of a dominant market position through practices like unfair pricing, refusal to deal, and exclusive dealing.
Merger Control: Requires the notification of certain mergers and acquisitions that may significantly impede effective competition.
Investigative Powers: The Autorité de la concurrence has the authority to conduct investigations, issue sanctions, and enforce compliance with competition laws
🏛️ Enforcement in Mayotte
The Autorité de la concurrence has actively enforced competition law in Mayotte, particularly concerning the port services at the Port de Longoni. In February 2024, the authority notified two objections to a company in the port services sector for allegedly abusing its dominant position by attempting to monopolize cargo handling markets and imposing unfair trading conditions on importers in Mayotte
Furthermore, in December 2021, the authority sanctioned Mayotte Channel Gateway (MCG) and its parent company, Nel Import Export, with a €100,000 fine for obstructing an investigation by failing to respond to information requests .
📌 Institutional Framework
Autorité de la concurrence: The national competition authority responsible for enforcing competition law in Mayotte.
DGCCRF: The Directorate-General for Competition, Consumer Affairs, and Fraud Control, which collaborates with the Autorité de la concurrence in investigating anticompetitive practices.
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