Competition: The reform is complete

The reform of competition law has come full circle. The fee payment form applicable to the processing of economic concentration operations is now available on the Competition Council website ( www.conseil-concurrence.ma ).
This type of transaction must be notified in advance to the regulator for review. Whether it is an exclusive or joint takeover, the creation of a joint venture, a direct or indirect acquisition by taking a stake in the capital of a company, a purchase of assets, or a contract… If a company does not notify its economic concentration project, it exposes itself to a financial penalty ( see L’Economiste No. 6371 of September 19, 2022 ). Not to mention the fee for which the offender will always be liable. Its amount has been capped at 150,000 Dirhams (USD 15,000) for a normal procedure and at 300,000 Dirhams (USD 30,000) for the accelerated procedure. The fee regime also includes a minimum amount of 20,000 Dirhams (USD 2,000) or 40,000 Dirhams (USD 4,000) depending on the case. It all depends on the type of procedure, normal or fast-track, and the nature of the operation.
The fee must be paid one month after receipt of the final decision to be made by the Competition Council. The opinion of the Council may be unfavorable to the project of economic concentration, favorable, or favorable subject to the compliance with some commitments that are essential to the legality of the operation. The parties having notified the operation must pay the fee, even if the parties have dropped their project or have virtually terminated their agreement. The fee is paid into the Council’s account opened with the General Treasury of the Kingdom in Rabat.
So this is the end of the free-of-charge services that had persisted since the beginning of the 2000s, a decade that marks the adoption of the first law on freedom of prices and competition and the creation of the first Council chaired by Othman Demnati.
The reform at the end of 2022 notably amended Article 13 of the Law on free pricing and competition. The reform at the end of 2022 introduced a fee, the amount of which was to be set by decree, a decree which also established a simplified procedure and changed the financial thresholds from which an operation must be notified to the Competition Council chaired by Ahmed Rahhou.
The overhauled version of the Law on freedom of pricing and competition and the overhauled version of the law governing the regulator were published in the Official Gazette No. 7152 of December 15, 2022 and their two decrees in issue No. 7197 bis of May 23, 2023.
The fee payment form has been established within this legislative and regulatory context. It was eagerly awaited by competition law practitioners. o
Faiçal FAQUIHI