Competition Law at Western Sahara
Here’s an overview of Competition Law in Western Sahara:
Competition Law in Western Sahara
1. Legal and Political Context:
Western Sahara is a disputed territory with limited recognized sovereign governance.
The territory is largely administered de facto by Morocco, but its legal status is unresolved internationally.
Due to this complex political situation, there is no distinct or unified competition law specific to Western Sahara.
2. Applicable Law:
The legal and economic frameworks applicable in Western Sahara largely reflect those of Morocco.
Moroccan competition laws and regulations generally apply to businesses operating in the territory.
Morocco’s competition law is governed by Law No. 104-12 on Competition (2014), enforced by the National Competition Council of Morocco.
3. Competition Law Framework (Moroccan law applied in Western Sahara):
Anti-competitive agreements: Prohibited, including cartels and price-fixing.
Abuse of dominant position: Firms with significant market power cannot abuse it.
Merger control: Mergers that meet specific thresholds must be notified and approved.
Enforcement: The National Competition Council investigates violations and imposes penalties.
4. Challenges:
Due to the political status and limited administrative structures, enforcement and market regulation in Western Sahara may be inconsistent.
International businesses operating in or with Western Sahara must be aware of the political sensitivities and overlapping jurisdictions.
Summary
Western Sahara lacks an independent competition law framework and is generally subject to Moroccan competition law due to Morocco’s administrative control. Moroccan competition rules prohibit anti-competitive practices and regulate market behavior, but enforcement in the territory may face challenges linked to its disputed status.
RELATED Blog
0 comments