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

Under the regime laid down by Act No 06-99, the Competition Council (Conseil de la concurrence) was mainly an advisory body responsible for providing opinions, advice, or recommendations on competition in general terms. It would examine the practices brought to its notice and issue a recommendation to the Prime Minister, by reasoned opinion, of the action to be taken but had no decisional power of …

The Competition Council

Under the regime laid down by Act No 06-99, the Competition Council (Conseil de la concurrence) was mainly an advisory body responsible for providing opinions, advice, or recommendations on competition in general terms. It would examine the practices brought to its notice and issue a recommendation to the Prime Minister, by reasoned opinion, of the action to be taken but had no decisional power of its own. 

The new Moroccan Constitution of 2011 however initiated a significant change by enshrining at Section 166 the independence of the Competition Council and entrusting it with the monitoring of free and sound competition in the markets. Acts No 104-12 and 20-13 take on this approach and confer on the Competition Council, instituted as an administrative body independent from the Government (Article 1 of Act No 20-13), strengthened powers of investigation, the ability to initiate proceedings of its own motion and a genuine decisional power, no longer in the hands of the Head of Government.

The Competition Council has the power to declare violations of Articles 6, 7 and 8 of the Act on Competition, issue interim measures, fines, injunctions and any other sanction provided for by the Act. 

Decree No 2-15-109 of 4 June 2015 relative to the organization of the Competition Council, provides that the members thereof other than the President and magistrates are appointed by decree on the proposal of the government authorities concerned by their fields of competences. The Competition Council started operating only after 17 November 2018, when its members were appointed by the King.

Under Act No 06-99, the Prime Minister's role was important both in respect of the referral of cases and of the implementation of the opinions of the Competition Council. Acts No 104-12 and No 20-13 now fully entrust the enforcement of competition law to the Competition Council. The Government may however exempt agreements having the object of improving the management of SMEs or the marketing of agricultural products (Article 9 of Law No 104-12) and is entrusted with the regulation of prices of specific products and services, after solicitation of the Competition Council's opinion.

Furthermore, under Article 43 of Act No 104-12, the Government retains the power to issue cease and desist orders against undertakings having infringed Articles 6, 7 or 8 where the practices in question affect local markets and where the following turnover thresholds, set by Article 29 of Decree 2-14-652, are not exceeded: the parties must not individually achieve a turnover higher than 10 million dirhams [US$ 1 million] on the Moroccan market and their combined turnover on the same market must not be higher than 50 millions dirhams [US$ 5.16 million]. 

The Government may also settle such cases if no complaint against them has been brought to the Competition Council and in this case, the maximum amount of the settlement must not exceed 500,000 dirhams [US$ 51,635] or 5% of the parties' turnover in Morocco if such figure is lower. Where the parties refuse to settle or do not comply with its injunctions, the government may bring proceedings before the Competition Council. The settlement procedure is detailed in Article 30 of Decree 2-14-652.

Global Competition Law

1121. The Competition Council

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Les notions juridiques connexes

1121. The Competition Council

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
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