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

Article 17 of Act No 104-12 provides that the Competition Council may, by reasoned decision, order companies either: 
- not to go ahead with the merger project;
- to re-establish the previous legal situation;
- to modify or supplement the operation or to take any measures necessary to ensure or to establish sufficient competition.
The completion of the operation may also be subject to conditions.
 …

Conditions and commitments - Divestiture

Article 17 of Act No 104-12 provides that the Competition Council may, by reasoned decision, order companies either: 

- not to go ahead with the merger project;

- to re-establish the previous legal situation;

- to modify or supplement the operation or to take any measures necessary to ensure or to establish sufficient competition.

The completion of the operation may also be subject to conditions.

Article 20 addresses the case where the merger has already taken place in compliance with the notification procedure and where the Competition Council finds an abuse of a dominant position or of a situation of economic dependence. In such a case, the Competition Council may instruct the undertaking or the group of undertakings at issue, to amend, supplement or terminate, in a given period of time, all agreements and all acts by which it has carried out the concentration of economic power having given rise to the abuse, even if those acts had been notified.

In the event of failure to notify or non-compliance with commitments, the Competition Council may impose a fine up to 5% of the turnover achieved by the concerned undertakings in Morocco or of up to 5 million dirhams (US$ 556,000) for natural persons. 

In the event of omissions or misrepresentations in the notification submitted to the Council, the legal and natural persons in charge of the notification are exposed to the same fines. 

Global Competition Law

1136. Conditions and commitments - Divestiture

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Les notions juridiques connexes

1136. Conditions and commitments - Divestiture

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

Les notions juridiques connexes

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