bill n°40.21 aims to examine the procedures relating to anti-competitive practices

Bill No. 40.21 amending and supplementing Law No. 104.12 on freedom of pricing and competition aims to examine procedures related to anti-competitive practices, said Friday in Rabat, the Minister of Economy and finance, Nadia Fettah Alaoui.

Presented to the Committee on Finance and Economic Development at the House of Representatives, this project aims to identify the procedures relating to the listening sessions of the parties concerned and to draw up the minutes (PV) of these sessions, as well as to provide for the confidentiality of deliberation sessions for cases relating to anti-competitive practices, said Nadia Fettah Alaoui.

It is also a question of examining the procedures for notifying infringements and decisions, in addition to determining the deadlines for taking the decision by the Competition Council at the end of the discussion sessions, continued the Minister.

The said bill also aims to improve the effectiveness of the measures and protect the rights of the parties concerned through the revision of the procedure of no objection to the grievances reported, as an alternative to the litigation procedure and the proposal of a transactional procedure, in which the general rapporteur sets the minimum and maximum amounts of the financial penalty imposed on offending companies, she added.

Also, these measures offer the possibility to the parties concerned to express, within fixed deadlines, their acceptance of this transactional procedure, the drafting of minutes signed by these parties and the general rapporteur, including the different stages of the procedure, in addition the establishment of precise criteria to determine and calculate the amounts of the sanctions, while taking into account the Aggravating and Mitigating Circumstances, indicated Nadia Fettah Alaoui.

It is also a question of allowing the parties concerned, the chairman of the Council and the government delegate to lodge an appeal, before the Court of Cassation, against the decision of the Court of Appeal in Rabat according to which the decision of the Competition Council is confirmed, canceled or modified, she pointed out.

The said bill also aims to revise the framework relating to economic concentrations via, in particular, the establishment of a simplified procedure for the notification of certain concentration operations, to review the rule of the threshold set for the obligation to notification of concentration operations for greater efficiency and this, by combining two conditions, namely the threshold of the overall turnover (CA) of all the parties concerned by the said operation and the threshold of the CA achieved on the market national by each party.

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