Antitrust Enforcement in Morocco: Cartels, Abuse of Dominance, Leniency and Dawn Raids (2026 Guide)

In short: Morocco's Competition Council now fines up to 10% of worldwide group turnover, conducts dawn raids and runs a leniency programme. This guide explains how Law 104-12 is enforced against cartels and abuse of dominance, and what international groups and their counsel should do about it.

1. Introduction: Why Moroccan Competition Law Matters Now

Morocco's competition regime has undergone a dramatic transformation. Since the reactivation of the Competition Council (Conseil de la Concurrence, "MCC") in December 2018, the Kingdom has moved from a dormant enforcement framework to one that levies multi-billion-dirham fines, conducts unannounced dawn raids, and scrutinises multinational groups. In 2023 alone the MCC secured a settlement of MAD 1.84 billion (~USD 180 million) in the fuel-distribution sector—the largest competition fine in African history at the time. In October 2024, the MCC conducted its first-ever unannounced dawn raid against a major delivery-platform operator.

For international businesses with Moroccan subsidiaries, distributors, or joint-venture partners, the message is clear: Morocco is no longer a "low-enforcement" jurisdiction.

Key takeaway: Any company generating turnover in Morocco—directly or through a subsidiary—faces potential fines of up to 10% of worldwide consolidated turnover and criminal exposure for individual executives.

2. Legislative Framework

Morocco's competition law rests on two principal statutes, both enacted on 30 June 2014:

• Law No. 104-12 (Dahir No. 1-14-116) on Freedom of Prices and Competition — the substantive competition statute covering anticompetitive agreements, abuse of dominance, merger control, and sanctions.
• Law No. 20-13 (Dahir No. 1-14-117) relating to the Competition Council — the institutional statute establishing the MCC's powers, composition, and procedures.

These were supplemented by implementing decrees: Decree No. 2-14-652 (1 December 2014) for Law 104-12 and Decree No. 2-15-109 (4 June 2015) for Law 20-13.

Significant amendments were introduced by Laws No. 40-21 and No. 41-21 (15 December 2022), which strengthened enforcement tools, refined the settlement procedure, and updated merger thresholds. A new decree (No. 2-23-273, May 2023) adjusted notification thresholds for merger control.

3. The Competition Council (Conseil de la Concurrence)

The MCC is constitutionally established under Article 166 of the 2011 Constitution as an independent administrative authority. Although the legislative framework had existed since 2014, the Council was dormant for years until December 2018, when President Driss Guerraoui was appointed by the King (17 November 2018) and twelve members were appointed (13 December 2018) for renewable five-year terms.

Since reactivation, the MCC has been remarkably active: it issued 112 merger decisions and 69 antitrust decisions in 2019–2020 alone. Merger filings doubled from 62 in 2020 to 133 in 2022, reflecting growing awareness among businesses and foreign investors.

The MCC is now fully operational and proactive. It opens ex officio investigations, conducts dawn raids, and imposes fines that rival those of established competition authorities worldwide.

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4. Prohibited Agreements (Article 6)

Article 6 of Law 104-12 prohibits agreements, concerted practices, and decisions by associations of undertakings that have as their object or effect the prevention, restriction, or distortion of competition in the Moroccan market. This covers:

• Horizontal cartels — price-fixing, market allocation, output limitation, and bid-rigging among competitors.
• Concerted practices — coordinated conduct falling short of a formal agreement but producing anticompetitive effects.
• Decisions by associations of undertakings — including trade associations and professional bodies.

The prohibition applies to both horizontal and vertical agreements. No formal agreement is required—parallel conduct with circumstantial evidence of coordination may suffice.

Exemption Under Article 9

Article 9 provides an exemption where the agreement contributes to economic progress while allowing consumers a fair share of the resulting benefit. The exemption is narrowly construed and requires the parties to demonstrate that the restrictions do not exceed what is necessary to achieve the objective and do not eliminate competition in a substantial part of the market.

5. Abuse of Dominance and Economic Dependence (Articles 7–8)

Dominant Position (Article 7)

Article 7 prohibits the abusive exploitation of a dominant position in the Moroccan market or a substantial part of it. The MCC's Compliance Guide enriches the statutory list of examples to include:

• Refusal to deal or supply
• Discriminatory pricing or commercial terms
• Tying and bundled sales
• Excessive pricing
• Loyalty rebates that foreclose competitors

Under Article 20, the MCC may order the amendment or cancellation of agreements through which a concentration enabling the abuse was achieved.

Economic Dependence (Article 8)

Article 8 prohibits the abuse of a position of economic dependence by an undertaking vis-à-vis a trading partner that lacks equivalent alternatives. The MCC follows French jurisprudential practice and applies five cumulative criteria:

• Significant share in the partner's turnover
• Brand awareness and notoriety of the dominant party
• The partner's market share
• Non-existence of alternative or equivalent solutions
• Quasi-constraint leading to a state of dependence

Article 8 is increasingly relevant in digital markets. In the Glovo investigation (2024–2025), the MCC relied on economic dependence to challenge exclusivity clauses imposed on restaurant partners who lacked alternative delivery platforms.

6. Vertical Restraints and Distribution

Article 6 applies to vertical agreements, including exclusive distribution, selective distribution, and franchising arrangements. The MCC examines vertical restraints under an effects-based analysis, assessing whether they contribute to foreclosure or consumer harm.

• Exclusive distribution: generally assessed on market effects; exclusivity may be tolerated where it improves distribution efficiency and does not eliminate inter-brand competition.
• Resale price maintenance (RPM): the MCC's enforcement trend points toward a strict, per se prohibition of RPM. The fuel-distribution case involved RPM elements, reinforcing this approach. The MCC examines whether "recommended" prices are systematically applied in practice or whether pressure is exerted on distributors.
• Franchising: franchise agreements receive scrutiny for territorial restrictions, non-compete obligations, and pricing constraints, examined under the Article 9 exemption framework.

7. The Leniency (Clémence) Programme

Modelled on the EU leniency system, the Moroccan clémence programme allows an undertaking to obtain total or partial immunity from fines. To qualify, the applicant must:

• Inform the MCC of its participation in an anticompetitive agreement before any investigation has commenced (for full immunity) or at any stage of the proceedings (for partial immunity).
• Provide evidence enabling the MCC to establish the veracity of the practice and to identify the other parties involved.
• Cooperate fully and continuously with the MCC throughout the investigation.
• Cease participation in the anticompetitive practice immediately.

The leniency programme remains underutilised in Morocco. Companies with knowledge of cartel activity should consider early engagement with the MCC as a strategic tool to avoid or substantially reduce fines.

8. Settlement / Transaction Procedure (Article 37)

Article 37 of Law 104-12 (as amended by Law 40-21) allows the MCC to offer a settlement (transaction) to an undertaking under investigation. The key features are:

• The company does not contest the materiality of the facts as established by the MCC.
• In exchange, the MCC reduces the fine by up to 50% of the amount that would otherwise have been imposed.
• Article 43 permits the competent government authority to propose a settlement for local market abuses where turnover is below certain thresholds.

The settlement procedure was instrumental in the fuel-distribution case (November 2023) and the Glovo case (July 2025), demonstrating the MCC's willingness to use negotiated outcomes to accelerate enforcement.

9. Investigation Powers

Requests for Information and Interviews

The MCC may issue formal requests for information to any undertaking and conduct interviews with employees, directors, and third parties. Failure to respond or providing misleading information is a sanctionable offence.

Dawn Raids (Visites et Saisies)

Under Article 72 of Law 104-12, the MCC may conduct unannounced inspections (visites et saisies) at business premises. Dawn raids require prior authorisation from the King's Prosecutor (public prosecutor). Investigators may:

• Enter and inspect all business premises, including offices, warehouses, and vehicles.
• Seize documents—both physical and electronic—including emails, messaging data, and digital files.
• Interview employees and management on site.

Milestone: The October 2024 Glovo Dawn Raid

On 22 October 2024, the MCC conducted its first-ever unannounced dawn raid, authorised by the public prosecutor, against Glovo's Casablanca offices. The operation was supported by the National Judicial Police Brigade. This milestone signals a new phase in Moroccan competition enforcement, confirming that the MCC now possesses the operational capacity and political will to execute surprise inspections.

Legal Privilege in Morocco

Morocco does not recognise an EU-style legal professional privilege for in-house counsel. Communications with external lawyers may receive some protection, but there is no codified equivalent of the EU's LPP doctrine. Companies should assume that in-house legal communications may be seized during a dawn raid and plan their privilege strategy accordingly.

There is no codified legal professional privilege for in-house counsel in Morocco. Sensitive legal analysis should be conducted through external counsel to preserve any arguable protection.

10. Sanctions and Penalties

Administrative Fines

Under Article 39 of Law 104-12, the MCC may impose administrative fines of up to 10% of the undertaking's worldwide consolidated turnover. The MCC has demonstrated its willingness to approach this legal ceiling, as evidenced by the MAD 1.84 billion aggregate fine in the fuel-distribution sector.

Criminal Exposure

Article 75 provides for criminal sanctions against natural persons who fraudulently or knowingly take a personal and decisive part in the conception, organisation, or implementation of practices prohibited by Article 7 (abuse of dominance):

• Imprisonment: 2 months to 1 year
• Fine: MAD 10,000 to MAD 500,000

The MCC refers criminal matters to the King's Prosecutor at the competent first-instance court. Individual executives—including foreign nationals serving as directors of Moroccan subsidiaries—should be aware of this personal exposure.

Gun-Jumping Fines

Failure to notify a concentration (merger or acquisition) before implementation exposes the parties to fines of up to 5% of pre-tax revenues generated in Morocco. The Sika case (April 2022) confirmed the MCC's willingness to enforce this requirement.

11. Notable Enforcement Actions (2023–2026)

Fuel Distributors Settlement — November 2023

• The MCC initiated an investigation in June 2023 into fuel-market practices.
• Nine fuel-distribution companies settled under Article 37 of Law 104-12 (as amended).
• Collective fine: MAD 1,840,410,426 (~USD 180 million) — a record for Morocco and one of the largest competition fines in Africa.
• Violations included non-compliance with free-competition rules and price-fixing (RPM elements).
• Reconciliation agreements detailed in the MCC's report of 23 November 2023.

Glovo Investigation — 2024–2025

• Ex officio investigation opened 19 February 2024 (Decision No. 20/D/2024).
• Complaint filed by ORA Technologies (Kooul delivery app) in October 2024.
• First-ever dawn raid: 22 October 2024, Glovo's Casablanca offices, authorised by the King's Prosecutor, supported by the National Judicial Police Brigade.
• Statement of Objections: abuse of dominant position, abuse of economic dependence — exclusivity clauses, discriminatory contractual terms, predatory pricing.
• Glovo submitted a settlement request on 17 June 2025 under Article 37; MCC Board approved 26 June 2025.
• Settlement approved unanimously 24 July 2025: removal of all exclusivity clauses, amendment of existing contracts, fair ranking/visibility criteria, no commission-rate increases.

Glovo, owned by Delivery Hero (Germany), invested over MAD 200 million in Morocco since 2018 and operates in 38 cities. Morocco is its fourth-largest global market.

Sika Gun-Jumping Fine — April 2022

In the MCC's first-ever gun-jumping decision, Swiss-headquartered Sika AG was fined approximately MAD 11.67 million (~USD 1.1 million) for failing to notify its acquisition of Financière Dry Mix Solutions (France), whose Moroccan subsidiary "Sodap" triggered Moroccan notification thresholds. This case underscored that foreign parent companies cannot ignore Moroccan merger-control obligations.

12. Sector Inquiries and Price-Regulation Interplay

The MCC may conduct sector inquiries on its own initiative to assess the competitive dynamics of specific markets. Article 109 of Law 104-12 provides that the MCC will exercise jurisdiction over all sectors, with the relationship between the MCC and sectoral regulators to be defined on a case-by-case basis. Under Article 8 of Law 20-13, the MCC seeks opinions of relevant sectoral regulators—such as the ANRT (National Telecommunications Regulatory Agency, which holds investigative authority under Law 121-12)—on competition issues relating to their sectors.

Title I of Law 104-12 addresses the principle of price freedom and the conditions under which the government may regulate prices. Companies operating in regulated-price sectors (such as petroleum products, flour, sugar, and pharmaceutical products) should be aware that price regulation does not shield them from antitrust scrutiny—the fuel-distribution settlement demonstrated this clearly.

13. Foreign Parent Companies and Moroccan Subsidiaries

International groups should pay particular attention to the broad concept of "undertaking" (entreprise) under Moroccan law:

• The "undertaking" concept encompasses any entity carrying on economic activity, regardless of legal personality. It covers corporate groups as a single economic unit.
• Worldwide turnover basis: The 10% fine ceiling under Article 39 is calculated on the group's worldwide consolidated turnover, meaning that a parent company is directly exposed for the conduct of its Moroccan subsidiary.
• Merger notification thresholds are calculated on a group basis. The Sika case confirmed that an acquisition by a foreign parent of a foreign target with a Moroccan subsidiary triggers notification obligations.

A foreign parent cannot hide behind the separate legal personality of its Moroccan subsidiary. The 10% fine ceiling is calculated on worldwide group turnover, and the MCC has shown it will pursue foreign companies for gun-jumping and cartel conduct.

14. Compliance Programmes

In January 2022, the MCC published a Compliance Guide jointly with the CGEM (Confédération Générale des Entreprises du Maroc). The Guide addresses all undertakings and professional organisations with activities in Morocco and clarifies key concepts under Law 104-12.

Key pillars of an effective compliance programme in Morocco include:

• Tone from the top: board-level commitment to competition compliance.
• Written compliance policy adapted to Moroccan law (Articles 6, 7, 8, and merger-control provisions).
• Regular training for commercial teams, particularly those involved in pricing, tendering, and distribution.
• Internal reporting channels for suspected violations.
• Periodic audits of commercial agreements and pricing practices.
• A dawn-raid response protocol (see Section 15 below).

Important caveat: Unlike some EU jurisdictions, having a compliance programme in Morocco does not entitle the company to a formal fine reduction. However, a credible programme minimises the risk of violations and may be considered by the MCC as a mitigating factor in its assessment.

15. Practical Dawn-Raid Checklist: What to Do in the First Hour

If MCC investigators arrive at your premises for an unannounced inspection, the following steps should be taken immediately:

• Verify authorisation documents. Request and photocopy the judicial authorisation from the King's Prosecutor. Confirm the scope of the authorisation—premises, subject matter, and time period.
• Contact external counsel immediately. Given the absence of in-house LPP, external counsel should be engaged from the first minute. Do not wait.
• Designate a response team. Activate the pre-designated dawn-raid response team. Assign at least one person per investigator.
• Accompany investigators at all times. Every investigator should be shadowed by a company representative who notes what documents are examined, photographed, or copied.
• Assert privilege claims through proper procedure. If investigators seek to access communications with external counsel, object on record and note the objection in the inspection log. Do not physically obstruct access.
• Do not obstruct. Under no circumstances should employees refuse entry, hide documents, or interfere with the investigation. Obstruction may result in additional penalties and criminal exposure.
• Maintain a detailed log. Record the identity of each investigator, every room entered, every document or electronic file accessed or copied, and the time of each event.
• Do not delete electronic data. Any deletion of files during or in anticipation of an inspection may constitute obstruction and could trigger additional sanctions. Issue an immediate litigation hold.
• Debrief with the legal team after investigators depart. Immediately convene outside counsel and senior management to assess the scope of the inspection, identify potential exposure, and develop a response strategy—including whether to approach the MCC under the leniency or settlement procedure.

The first hour of a dawn raid determines the trajectory of the investigation. Preparation, external counsel, and a documented response protocol are non-negotiable.

This guide is provided for informational purposes only and does not constitute legal advice. For advice specific to your situation, please contact our competition and regulatory team.

Last updated: September 2026

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