Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Previously competition law in Morocco was based on Act No 06-99 on free pricing and competition (the Competition Act), later supplemented and amended by Act No 30.08 (Official Gazette No 58/4 of 18/02/2010). It aimed at protecting the free play of competition in order to stimulate economic efficiency and increase the well-being of consumers and was largely inspired by French and EU law.

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Context

Previously competition law in Morocco was based on Act No 06-99 on free pricing and competition (the Competition Act), later supplemented and amended by Act No 30.08 (Official Gazette No 58/4 of 18/02/2010). It aimed at protecting the free play of competition in order to stimulate economic efficiency and increase the well-being of consumers and was largely inspired by French and EU law.

A comprehensive overhaul of Morocco's competition rules was later carried out to strengthen the effectiveness of competition law. Act No 104-12 on freedom of prices and competition and Act No 20-13 on the Competition Council were published in the Official Gazette on 7 August 2014. They confer large powers on the Competition Council, which is now a body independent of the executive with the ability not only to investigate anticompetitive practices but also to make decisions and inflict pecuniary sanctions. The acts also institute negotiated procedures: non-contestation of objections, commitments, and a leniency program. Although it leaves the rules regarding anticompetitive practices basically unaffected, Act No 104-12 introduces a de minimis rule and a prohibition of predatory prices independent of any dominant position. The entry into force of the whole package of rules was however subject to the adoption of implementation regulations. This was done with Decree No 2-14-652 of 1 December 2014, published in the Official Gazette on 4 December 2014, which implements Act No 104-12 and Decree No 2-15-109 of 4 June 2015, published in the Official Gazette on 18 June 2015, which implements Act No 20-13. However, the new competition rules have not come into force until the appointment of the Competition Council's members on 17 November 2018.

Article 1 of Act No 104-12 (Act on Competition) states that it applies to:

- all natural or legal persons whether or not headquartered or established in Morocco, where their operations or behavior have an effect on competition in the Moroccan market or a substantial part thereof;

- all production, distribution and service activities even if carried out by public authorities acting as economic operators and not in the exercise of the prerogatives of public authority or the performance of public service tasks;

- export agreements insofar as their application affects competition on the internal Moroccan market.

Although Article 2 of the Act enshrines a general principle of freedom of prices, the Act and Decree No 2-14-652 establish regulated prices for specific products and services.

Global Competition Law

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Les notions juridiques connexes

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Les notions juridiques connexes

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