Morocco (June 5, 2000)

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Score = 17

Governed by: Dahir no. 1-00-225 of 2 rabil I 1421 Promulgating Law No. 06-99, Concerning Freedom of Prices and Competition, 6 July 2000 (herein referred to as "Competition Act").[1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 1 extends the scope to all individuals or corporations, with or without their central office located in Morocco, whose operations or conduct have an effect on competition in the Moroccan market or a substantial part thereof.
Remedies Fines 1 Article 67 provides fines for violations of articles 6 and 7.
Prison Sentences 1 Article 68 allows imprisonment for sellers who use any fraudulent means to cause or attempt to cause the artificial raising or lowering of prices of goods of services, publicly or privately.
Divestitures 1 Article 32 allows the Prime Minister to require measures that may include the suspension of a practice concerned, as well as an injunction against the parties to return to their previous operating state.
Private Enforcement 3rd Party Initiation 1 Article 9 provides that the process for nullifying an agreement can be invoked by the parties involved and by third parties.
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Article 12 states that companies are obligated to notify the Prime Minister of any concentration project that meets certain conditions.
Pre-merger 2 Article 12 states that firms may not implement their concentration until they've notified the Authority.
Post-merger 0
Merger Assessment Dominance 0
Restriction of Competition 1 Article 10 states that any concentration that may restrict competition is subject by the Authority.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 7 prohibits preventing access to a market by a company or one of its products.
Abusive Acts 1 Article 7(1) prohibits abusive exploitation by a dominant firm.
Price Setting 0
Discriminatory Pricing 0
Resale Price Maintenance 1 Article 7 prohibits directly or indirectly imposing a minimum amount on the resale of a product.
Obstacles to Entry 0
Efficiency Defense 1 Article 8(2) allows an efficiency defense where the firm can prove that their actions are meant to contribute to economic progress and that these contributions are sufficient to compensate for the restrictions they impose on competitiveness.
Restrictive Trade Practices Price Fixing 1 Article 6(2) prohibits agreements that stand in the way of the setting of prices by free operation of the market by artificially favoring their raising or lowering.
Tying 1 Article 7 prohibits sales linked to or subject to discriminatory conditions of sale.
Market Division 1 Article 6(4) prohibits agreements that divide markets or suppliers.
Output Restraint 1 Article 6(3) prohibits agreements limiting or controlling production, unblocking, investments, or technical progress.
Market Sharing 0
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense 1 Article 8(2) allows an efficiency defense where the firm can prove that their actions are meant to contribute to economic progress and that these contributions are sufficient to compensate for the restrictions they impose on competitiveness.

References

  1. http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:20973121~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html