Rabat, Morocco – In a decisive move to safeguard fair market practices, Morocco’s Competition Council has launched a series of unannounced visits and seizures at several key players within the national medical supplies market. The operations, conducted earlier this week, signal a serious inquiry into potential anti-competitive behaviors plaguing a sector critical to public health.
Crackdown on Suspected Anti-Competitive Practices
The research and investigation services of the Competition Council descended upon various companies on Tuesday, acting on strong suspicions of practices that could be stifling competition. These actions were not taken lightly; authorities operated under the strict mandate of a judicial warrant issued by the Public Prosecutor, with crucial support from officers of the National Judicial Police. This adherence to legal protocol aligns with Article 72 of Law No. 104.12 on Free Pricing and Competition, a cornerstone of Morocco’s economic regulatory framework.
Upholding Due Process: Visits Are Not Verdicts
Crucially, the Competition Council has been quick to clarify the nature of these interventions. In an official statement, the Council underscored that these surprise visits and seizures do not, in themselves, constitute proof of anti-competitive practices, nor do they imply the guilt of the companies involved. The current phase is one of information gathering, with investigation units diligently collecting evidence.
The Council emphasized that only its formal decision-making bodies possess the authority to determine whether competition rules have been violated. This determination will follow a comprehensive investigation and a fair process that rigorously respects the legal defense rights of all parties implicated. Out of respect for these rights, the names of the companies under scrutiny and specific details of the suspected practices are being withheld at this preliminary stage.
The Role of Morocco’s Competition Council
As an independent constitutional body, the Competition Council plays a pivotal role in ensuring a level playing field across Moroccan markets. Its mandate includes enforcing competition rules, proactively preventing unfair market behavior, and meticulously reviewing significant market shifts, such as mergers and acquisitions. This recent action in the medical supplies sector highlights the Council’s commitment to its oversight responsibilities.
Legal Framework for Fair Competition
The foundation of competition law in Morocco is primarily established by Law No. 104.12 on Free Pricing and Competition, initially enacted in 2014. This comprehensive legislation explicitly forbids practices designed to prevent, restrict, or distort competition. Such prohibited behaviors include, but are not limited to, price-fixing, market sharing, limitations on production, and other forms of collusive conduct. The law also mandates that companies notify the Council of certain economic concentrations before they are finalized, ensuring transparency and preventing market dominance abuses.
Under this legal framework, investigators are vested with significant powers, including the right to enter business premises, scrutinize records, and gather evidence when there are reasonable grounds to suspect anti-competitive activities. These unannounced visits and seizures are therefore vital legal instruments, enabling authorities to collect information swiftly and effectively directly from the source of potential illicit activities.
The ongoing investigation into the medical supplies market underscores Morocco’s dedication to fostering a competitive and transparent business environment, ultimately benefiting consumers and ensuring equitable access to essential goods and services.
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