Competition Law in Morocco: Antitrust & Merger Control Guide

The Legal Framework

Morocco’s competition law is governed by Law No. 104-12 on Freedom of Pricing and Competition (2014, amended by Law No. 40-21 in 2022) and Law No. 20-13 on the Competition Council.

The Conseil de la Concurrence

Morocco’s independent competition authority, constitutionally entrenched in 2011. Powers include dawn raids, document requests, compelled testimony, fines of up to 10% of worldwide turnover, and merger control.

Anticompetitive Agreements (Art. 6)

Prohibited: price fixing, market allocation, output restrictions, bid rigging, and tying — both horizontal and vertical agreements. Exemptions available where agreements contribute to economic progress, pass benefits to consumers, and do not eliminate competition (aligned with EU Art. 101(3) TFEU).

Abuse of Dominant Position (Art. 7)

Prohibited conduct: unfair pricing, limiting production/markets, discriminatory conditions, refusal to deal, predatory pricing. Dominance itself is not prohibited — only its abuse.

Merger Control

Mandatory notification when: combined worldwide turnover exceeds MAD 250 million AND at least two parties each have Moroccan turnover exceeding MAD 40 million. Standstill obligation applies. Phase I review: 60 days. Non-notification fines: up to 5% of Moroccan turnover.

Sector-Specific Rules

Telecoms (ANRT), banking (Bank Al-Maghrib), and energy (ANRE) have additional sector-specific competition powers alongside the general framework.

Compliance Recommendations

Assess market position; review distribution agreements for exclusivity/pricing issues; monitor merger thresholds before any acquisition; implement competition compliance programme; document efficiency justifications for any restrictive agreements.

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