Competition Law at Morocco

Here’s an overview of Competition Law in Morocco:

Competition Law in Morocco

1. Legal Framework

Morocco’s competition law is primarily governed by Law No. 104-12 on Competition, enacted in 2014.

This law modernized Morocco’s competition framework to promote fair competition, prevent anti-competitive practices, and protect consumers.

2. Regulator

The enforcement authority is the Competition Council (Conseil de la Concurrence).

The Council is an independent administrative body responsible for monitoring, investigating, and sanctioning anti-competitive behavior.

3. Key Provisions

Anti-competitive agreements: Prohibits agreements or concerted practices that restrict competition, such as price-fixing, market sharing, or collusion.

Abuse of dominant position: Firms with significant market power are prohibited from abusing that position, including predatory pricing or discriminatory practices.

Merger control: Mergers and acquisitions that may significantly impede competition must be notified and can be cleared, blocked, or approved with conditions.

Unfair competition: The law also addresses deceptive business practices and unfair methods of competition.

4. Enforcement Powers

The Competition Council has investigative powers, including the ability to conduct inspections and request documents.

It can impose fines and other sanctions on companies violating competition rules.

Decisions by the Council are binding but can be appealed.

5. Appeals

Decisions by the Competition Council can be appealed to the Court of Appeal and ultimately the Supreme Court of Morocco.

6. Additional Aspects

The Council also issues guidelines to clarify enforcement and compliance.

Morocco’s competition law aligns with international best practices and regional frameworks such as those promoted by the Arab League and African Union.

The law aims to support economic liberalization and integration with global markets.

If you want, I can help with:

Examples of recent Competition Council cases.

How merger control works in Morocco.

Comparison with competition law frameworks in North Africa.

 

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