Competition Law in Morocco: Antitrust & Merger Control Guide

Korte Law - Morocco

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 before closing where any one of three alternative tests is met: combined worldwide turnover above MAD 1.2 billion together with at least one party above MAD 50 million in Morocco; or combined Moroccan turnover above MAD 400 million together with at least two parties each above MAD 50 million in Morocco; or the parties together holding more than 40% of a national market. Standstill obligation applies. Phase I review: 60 days, subject to extension and suspension. Non-notification fines: up to 5% of Moroccan turnover for companies and MAD 5 million for individuals, plus an order to unwind.

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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One practical caveat before you act on any of the above. Rules of this kind are applied day to day by registries, notaries and tax offices whose practice is not uniform across the country, and a file that reads correctly on paper can still be refused at the counter. Most of that friction disappears when counsel admitted in Morocco is involved before the file goes in rather than after it comes back.