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@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.phok...@gmail.com 
> <mailto:amreesh.phok...@gmail.com>> escribió:
>  
> Hi JORDI,
> 
> On Thu, Feb 17, 2022 at 7:48 PM JORDI PALET MARTINEZ via Community-Discuss 
> <community-discuss@afrinic.net <mailto:community-discuss@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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