Competition

Advice on Moroccan competition law

Competition law: a rigorous regulatory framework 

The appointment of a new president of the Moroccan Competition Council (CC) at the end of 2018 represents a deep anticipated change in the operational implementation of new rules on anti-competitive practices and merger control. Full application of the new Moroccan competition legislation involves significant changes which must strictly be taken into account by all companies, whether Moroccan or foreign. The criminal and financial penalties for breaches can be severe. Is your company compliant with the applicable standards (knowing that a complete review of your situation will be necessary if this is not the case)? What type of business combinations are possible or impossible? How far can you go to ensure your competitiveness without risk of infringement? Our legal advisors are on hand to assist you with these crucial questions. 

Protect your interests in respect of competition law under all circumstances 

Whether you are a Moroccan operator planning to establish a commercial cooperation agreement, a Moroccan economic actor disadvantaged by anti-competitive practices or a foreign group considering the acquisition of a Moroccan company, our legal advisors are capable to accompany and assist you, in a wide range of specialised fields: 

• merger notifications to the Moroccan Competition Council and international authorities; 
• advice on restrictive practices, particularly in the context of industrial/commercial relations (e.g. supplier listing, commercial cooperation agreements, discriminatory practices): 
• filing a complaint in the case of anti-competitive practices (collusion or cartels, dumping and abuse of dominant position); 
• advice on opening public companies to competition – especially in sectors facing deregulation (telecommunications, energy, transport and postal services); 
• monitoring your applications to the relevant institutions, in Morocco and abroad (e.g. anti-trust, government subsidies). 

We also advise on any question relating to consumer and distribution law: distribution systems and networks, consumer protection, advertising and sales promotion (e.g. special offers, games and competitions, advertising campaigns, purchasing of advertising space).  

Competition law: addressing transition risks 

In the context of the increasing investigative and sanctioning powers of the Competition Council, many companies will be potentially forced to review some of their practices or even to undo merger situations in breach of the relevant rules.  

Our competition law specialists will support you as required and assist you in all proceedings initiated by the authorities, such as information requests, investigations, raids and statements of objections.  

A broad and strategic approach to competition law 

Our in-depth knowledge of competition law, our methodological discipline, our focus on prevention and our ability to combine various areas of expertise (competition law and consumer/distribution law as well as public law and business law), guarantee the best protection of your interests, however complex your project is. We understand your challenges and are committed to providing you with insights and strategic solutions based on a comprehensive overview of your problem.