Best Antitrust Lawyers in Tétouan

About Antitrust Law in Tétouan, Morocco

Antitrust law in Morocco governs how businesses compete. It prohibits agreements that restrict competition, bars abuse of market dominance, and requires prior review of mergers and acquisitions that may significantly lessen competition. These national rules apply across the country, including in Tétouan and the wider Tanger-Tétouan-Al Hoceima region.

The Competition Council of Morocco, known as Conseil de la concurrence, is the independent authority that investigates suspected infringements, reviews mergers, issues opinions, and imposes sanctions. The Ministry of Economy and Finance also plays a policy and investigative support role through its competition and prices directorate.

In Tétouan, typical competition issues arise in retail and distribution, tourism and hospitality, construction and public procurement, transportation and logistics, agri-food, and professional services. Even purely local arrangements can fall under national antitrust rules if they affect competition in any part of Morocco.

Why You May Need a Lawyer

- You are planning a merger, acquisition, joint venture, asset purchase, or minority investment that could trigger merger notification thresholds.

- You want to design or adjust distribution models for Tétouan, such as exclusive territories, selective distribution, or online sales restrictions, and need to avoid resale price maintenance and unjustified restraints.

- You are considering cooperation with competitors, such as joint purchasing, information sharing, standard-setting, or bidding consortia, and need to structure it lawfully.

- You receive an information request, inspection notice, or statement of objections from the Competition Council, or experience a dawn raid at your premises.

- You suspect a rival is fixing prices, allocating customers, rigging bids in public tenders, or abusing dominance, and you wish to file a complaint or seek interim measures.

- You need a compliance program, staff training, or contract templates adapted to Moroccan law and local commercial practices in Tétouan.

- You face civil damages claims or wish to bring a claim for harm caused by anticompetitive conduct.

- You operate in a regulated sector like telecoms, transport, or energy that has specific rules and interactions with antitrust enforcement.

Local Laws Overview

Core statutes. Morocco’s framework centers on the Law on freedom of prices and competition and the Law on the Competition Council, as amended. These texts set the prohibitions, define investigative powers, and organize merger control. Implementing decrees and Council decisions provide procedures and thresholds. Reforms in recent years have updated institutional powers and processes, so it is important to check the latest versions.

Prohibited agreements. Agreements or concerted practices between competitors or suppliers and distributors that have the object or effect of restricting competition are prohibited. Typical examples include price fixing, output limits, market or customer allocation, bid rigging, and restricting resale channels. Certain vertical restraints can be scrutinized, including resale price maintenance and unjustified exclusivity. Some cooperation can be lawful if it produces efficiencies and is necessary and proportionate.

Abuse of dominance. A company with substantial market power must not abuse it. Examples include predatory pricing, refusal to supply without objective justification, tying or bundling, loyalty rebates that foreclose rivals, margin squeeze, and discriminatory conditions. Dominance is assessed on facts such as market shares, barriers to entry, customer dependence, and access to essential inputs, not on a single fixed percentage.

Merger control. Concentrations such as mergers, acquisitions of control, and full-function joint ventures must be notified for review before closing when thresholds set by regulation are met. These thresholds typically relate to turnover and possibly market share. The Council can approve, approve with conditions, or prohibit a deal. There is a simplified route for non-problematic cases and a more detailed review for complex transactions.

Procedures and timelines. The Council can launch investigations on its own initiative, following a complaint, or upon referral from courts or regulators. It can request information, conduct on-site inspections with proper authorization, and adopt interim measures where needed. Merger review usually has a preliminary phase followed by, if required, an in-depth phase. Exact timelines depend on the case and any information requests or remedies.

Sanctions and remedies. The Council can impose significant fines on companies and, in some cases, on individuals responsible for the infringement. It may also order behavioral or structural remedies to restore competition. Non-compliance with procedural duties can trigger additional penalties. In public procurement contexts, collusive tendering can also engage other legal consequences under procurement and criminal rules.

Exemptions and guidance. Parties may request the Council’s opinion in certain circumstances and can seek exemptions for agreements that contribute to economic progress and benefit consumers without eliminating competition. Cooperation with investigations and timely remediation can be considered as mitigating factors when penalties are set.

Language and filing practice. Proceedings and filings are commonly handled in Arabic or French. Evidence should be preserved and produced in an organized manner, with translations where appropriate.

Frequently Asked Questions

What is considered an anticompetitive agreement in Morocco

Any agreement or concerted practice between independent businesses that has the object or effect of restricting competition can be unlawful. This includes price fixing, allocating markets or customers, limiting production, bid rigging, and certain restrictive clauses in distribution agreements. The assessment focuses on competitive effects, market context, and whether any efficiencies justify the restraint.

Is resale price maintenance allowed for distributors in Tétouan

No, suppliers cannot impose fixed or minimum resale prices on distributors. Recommended or maximum resale prices may be permissible if they do not operate as de facto fixed prices. Each case depends on market power, the wording of the clauses, monitoring mechanisms, and actual market behavior.

What counts as abuse of dominance

Abuse occurs when a dominant company engages in conduct that harms the competitive process, such as predatory or excessive pricing, unjustified refusals to supply, tying, exclusive dealing that forecloses rivals, or discriminatory terms. Dominance is assessed on economic reality and is not presumed from a single share threshold.

Do I need to notify a merger or acquisition affecting Tétouan

Notification is required if the transaction meets Moroccan thresholds that relate to turnover or market share. The rules apply whether the deal is national or international if it affects or could affect competition in Morocco. Check thresholds early in the deal timeline and avoid closing before clearance if a filing is required.

How long does a merger review take

Review time varies with the complexity of the transaction, the completeness of the filing, and whether remedies are proposed. Straightforward cases can be cleared relatively quickly, while complex cases may require an in-depth phase. Engaging in pre-filing discussions and preparing robust competitive analyses can shorten timelines.

What should I do if the Competition Council conducts an on-site inspection

Cooperate respectfully, verify inspector credentials and the scope of the authorization, ensure company counsel is informed, preserve privilege, avoid destroying or concealing documents, and keep a record of the materials reviewed or copied. Provide factual answers and avoid speculation. Follow up swiftly with a legal strategy once the inspection ends.

Can I complain about a competitor to the authorities

Yes. Businesses and individuals can submit complaints to the Competition Council, providing evidence and a clear description of the conduct and its market impact. Complaints in public procurement contexts can also be raised with the relevant contracting authority and oversight bodies. A lawyer can help structure the complaint to meet formal and evidentiary requirements.

What penalties can apply for antitrust infringements

Penalties can include significant fines calculated with reference to company turnover, periodic penalty payments for non-compliance, and orders to cease or modify conduct. In merger cases, the Council can impose fines for failing to notify or for closing before clearance, and can require divestments or behavioral remedies. Bid rigging may also entail consequences under procurement rules and other laws.

Can victims of anticompetitive conduct seek damages

Yes. Businesses and consumers harmed by anticompetitive practices can bring actions before the competent courts to seek compensation for proven loss. A prior decision by the Competition Council can be strong evidence, but private claims are also possible with independent proof. Quantifying harm typically requires economic analysis.

Is there a leniency or settlement option in Morocco

The legal framework allows the Council to consider cooperation, corrections, and commitments when setting penalties, and settlement mechanisms have developed through reforms and practice. The precise availability and terms can change, so parties should seek up-to-date legal advice before approaching the authority.

Additional Resources

- Competition Council of Morocco, known as Conseil de la concurrence, for merger control, investigations, and policy opinions.

- Ministry of Economy and Finance, competition and prices directorate, for policy, market monitoring, and consumer protection interfaces.

- Regional business support bodies in the Tanger-Tétouan-Al Hoceima region, such as the Chamber of Commerce, Industry and Services, for practical guidance and training opportunities.

- Sector regulators that interact with competition matters, including the National Telecommunications Regulatory Agency for telecoms and the national energy regulator for electricity markets.

- Courts with commercial jurisdiction in the region, including the Commercial Court in Tangier and courts in Tétouan for related civil and administrative matters.

- Professional associations in retail, transport, construction, and tourism that often publish compliance best practices relevant to Tétouan markets.

Next Steps

Assess your risk. Map your products, services, customers, competitors, and distribution channels in Tétouan and beyond. Identify pricing practices, exclusivity clauses, joint projects with competitors, and any planned transactions.

Preserve documents. Implement a hold on routine deletion for materials related to pricing, tenders, competitor contacts, and the contemplated transaction. Train staff not to destroy or alter records.

Seek specialized counsel. Contact a lawyer with Moroccan antitrust experience and familiarity with local market dynamics in Tétouan. Ask about filing needs, risk assessments, and immediate do and do not actions.

Prepare materials. Assemble corporate structure charts, financial statements, market share estimates, customer and supplier lists, key contracts, tender files, and internal communications related to the conduct or transaction.

Consider engagement with the authority. For mergers, explore pre-notification contacts and a realistic timeline. For conduct cases, evaluate whether commitments, compliance enhancements, or other remedial steps are appropriate.

Build compliance. Roll out or update an antitrust compliance program with clear rules on competitor contacts, information sharing, pricing decisions, tender participation, and document hygiene. Include training for sales, procurement, and management teams in Tétouan.

Monitor and adjust. Competition rules evolve. Keep an eye on new Council decisions, thresholds, and guidance, and adapt your contracts and practices accordingly.

This guide provides general information only. For advice tailored to your situation in Tétouan, consult a qualified Moroccan competition law attorney.