Morocco
Developing FrameworkLaw 104-12 on Freedom of Prices and Competition (2014)
Authority: Competition Council (Conseil de la concurrence) | Enforcement: Active
Overview
Morocco's competition regime is governed by Law 104-12 on Freedom of Prices and Competition, which came into force in 2014 and significantly modernised the earlier 2000 framework. The Competition Council was constitutionally entrenched in 2011 and gained full operational independence and decision-making powers under the 2014 law. The Competition Council has broad powers over anti-competitive agreements, abuse of dominance, and merger control. Morocco has one of the most advanced competition regimes in North Africa, with the Council increasingly active in merger review and market investigations. The regime is influenced by French competition law and EU principles.
14-Topic Competition Coverage
Competition Authority
Fully AddressedThe Competition Council is a constitutionally established independent body with investigative, decision-making, and advisory powers. It may also conduct sector inquiries and issue opinions.
Anti-Competitive Agreements (Horizontal)
Fully AddressedHorizontal agreements that restrict competition are prohibited, including price-fixing, market allocation, output restriction, and bid-rigging.
Anti-Competitive Agreements (Vertical)
Fully AddressedVertical agreements that restrict competition are prohibited, including resale price maintenance and exclusive dealing where they distort competition.
Abuse of Dominance
Fully AddressedAbuse of dominant position and abuse of economic dependence are prohibited, covering exploitative and exclusionary conduct.
Merger Control
Fully AddressedMandatory pre-merger notification for concentrations exceeding prescribed turnover thresholds. The Council reviews within defined timelines with Phase I/II procedure.
Leniency Programme
Partially AddressedThe 2014 law provides for leniency, but detailed implementing regulations are still being developed. Practical use remains limited.
Settlement & Commitment
Partially AddressedThe Competition Council may accept commitments to resolve competition concerns. Settlement procedures are developing alongside enforcement practice.
Penalties & Sanctions
Fully AddressedFines of up to 10% of worldwide turnover. Individual criminal penalties including imprisonment for certain competition offences. Sanctions significantly increased under the 2014 law.
Digital Markets Regulation
Not AddressedNo specific digital markets regulation. The Competition Council applies general competition rules to digital platforms and e-commerce.
Sector Regulators
Fully AddressedANRT (telecoms), ANRE (energy), Bank Al-Maghrib (banking), and AMMC (capital markets) exercise concurrent regulatory powers in their sectors.
Dawn Raids & Investigations
Fully AddressedThe Competition Council has powers to conduct inspections, seize documents, and compel information. Investigation procedures are modelled on the French system.
Private Enforcement
Partially AddressedAffected parties may seek damages through the civil courts. Private competition enforcement is rare but the legal framework exists.
International Cooperation
Fully AddressedActive in the International Competition Network and cooperates with French, EU, and African competition authorities. Participates in OECD competition programmes.
Recent Enforcement Trends
Fully AddressedGrowing merger review activity. Sector studies in telecoms, cement, and financial services. Increasing investigation of anti-competitive practices in key economic sectors.
Coverage Summary
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