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Maître Souad Mestoui is an attorney admitted to the Fès Bar who advises individuals and businesses on Moroccan law. Her practice includes legal advice, preparation of legal documents, and representation before the competent courts.Her stated areas of work include civil and commercial disputes,...
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Morocco Antitrust Litigation Legal Questions answered by Lawyers

Browse our 1 legal question about Antitrust Litigation in Morocco and read the lawyer answers, or ask your own questions for free.

Can I sue local distributors in Morocco who are colluding to fix minimum wholesale prices for consumer goods?
Corporate & Commercial Antitrust Litigation
Several major distributors in Casablanca recently raised their wholesale prices to the exact same amount and agreed not to sell below a set threshold. This price fixing is driving my retail business out of the market and harming consumers. What legal recourse or compensation claims do I have under Moroccan... Read more →
Lawyer answer by OUDAD LAW FIRM

The conduct described may constitute a prohibited price-fixing arrangement under Article 6 of Moroccan Law No. 104-12 on Freedom of Prices and Competition, as amended by Law No. 40-21. Moroccan competition law prohibits agreements and concerted practices that have the...

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When a competition-law dispute in Fes calls for legal advice

Competition-law matters in Fes may involve alleged price-fixing, market sharing, exclusionary conduct by a dominant supplier, or a business merger requiring notification. The Conseil de la concurrence applies Morocco’s national competition rules; the issues may arise in local markets such as construction, food distribution, transport, and wholesale trade.

A lawyer can assess whether the facts support a complaint to the Conseil de la concurrence, a court claim, or both. The appropriate route depends on the conduct, the evidence, the parties, and the remedy sought. A dispute with a supplier is not automatically a competition-law case.

Situations where a lawyer may be useful

  • Several local suppliers appear to coordinate prices or divide customers, and your business needs to assess evidence before making a complaint.

  • A dominant distributor or input supplier serving businesses in Fes refuses access, imposes restrictive terms, or treats comparable customers differently.

  • Your company is considering a merger or acquisition and needs advice on whether Moroccan merger-control notification may be required.

  • A competitor accuses your business of restrictive practices, and you need to respond to an investigation or preserve relevant commercial records.

  • A procurement or distribution arrangement may restrict competition, including arrangements affecting construction, transport, or food supply in the Fes market.

  • Your business has suffered losses from suspected anticompetitive conduct and needs to consider whether a court claim for compensation is available.

Moroccan laws relevant to competition disputes

Law No. 104-12 on the freedom of prices and competition is the principal law governing restrictive practices, abuse of a dominant position, and merger control. It was promulgated in 2014 and substantially amended by Law No. 40-21 in 2022.

Law No. 20-13 on the Conseil de la concurrence establishes the Council’s role and powers. It was promulgated in 2014 and amended in 2022 by Law No. 41-21.

Law No. 53-95 establishing commercial courts provides the framework for Morocco’s commercial courts, including the Commercial Court in Fes. Whether that court can hear a particular claim depends on the claim and the parties; competition enforcement itself is principally handled by the Conseil de la concurrence.

Frequently asked questions

What does competition-law litigation cover?

It concerns legal disputes involving conduct that may restrict competition, such as cartels or abuse of a dominant position. In Morocco, a matter may involve proceedings before the Conseil de la concurrence, a court claim, or challenges to a decision through the applicable appeal route.

Do I need a lawyer to contact the Conseil de la concurrence?

Legal representation is not necessarily required for every initial contact. A lawyer can help determine whether the matter falls within the Council’s remit, organize supporting evidence, and assess other possible legal routes.

Can a small business in Fes raise a competition concern?

A business affected by suspected restrictive conduct can seek advice about presenting the matter to the competent authority. Whether a complaint can proceed depends on the facts, the available evidence, and the applicable procedural requirements.

Where are competition complaints handled?

The Conseil de la concurrence is a national authority, not a Fes municipal body. A separate commercial claim may be considered by a court with jurisdiction, which a lawyer should identify from the claim’s nature and the parties involved.

What evidence should I preserve?

Keep contracts, price lists, invoices, tender documents, relevant emails, and records of meetings or communications. Preserve original files and note dates, participants, and how the information was obtained.

How long can a competition-law matter take?

There is no single timetable for all matters. Time depends on the investigation, complexity, evidence, procedural steps, and any appeal or related court proceedings.

What does it cost to hire a lawyer?

Fees depend on the work required, such as an initial assessment, a complaint, merger advice, or court representation. Ask for a written scope and fee arrangement, and clarify whether court charges, experts, translation, or other expenses are additional.

Can my business claim compensation for losses?

A compensation claim may be possible, but it requires a suitable legal basis and evidence connecting the alleged conduct to the loss. A lawyer can assess the competent court, available remedies, and how any competition authority proceedings may affect the case.

Is every agreement between competitors unlawful?

No. The legal assessment depends on the agreement’s content, purpose, effects, and the rules in Law No. 104-12. A lawyer can review the arrangement before your business changes or terminates it.

Does a merger involving a Fes business need approval?

Some transactions may require prior notification under Moroccan merger-control rules, depending on the applicable thresholds and other legal conditions. Obtain advice before closing, because the parties may have notification and standstill obligations.

Official resources in Fes and Morocco

  • Conseil de la concurrence: Morocco’s competition authority, responsible for applying competition rules and reviewing matters within its statutory powers.

  • Commercial Court of Fes: A local commercial court that hears matters within its jurisdiction under Moroccan law. Its involvement depends on the nature of a particular claim.

  • Ministry of Justice: Provides information about the Moroccan justice system and court services, including commercial courts.

Steps to find and hire a competition-law lawyer

  1. Write a short chronology of the conduct, the businesses involved, and its effects on your operations in Fes. Allow one or two days to gather the basic facts.

  2. Collect relevant contracts, correspondence, invoices, tender records, and price information. Keep copies securely and avoid altering original documents.

  3. Identify lawyers who handle Moroccan competition matters and commercial disputes. Ask about their experience with Conseil de la concurrence proceedings, merger control, or competition-related court claims.

  4. Arrange an initial consultation and ask the lawyer to assess the legal route, likely evidence needs, urgent deadlines, and possible risks. A first assessment may take several days, depending on document volume.

  5. Request a written engagement letter stating the work covered, fee basis, expected expenses, and who will handle filings or communications.

  6. Agree on immediate steps, including preserving evidence and checking any notification, response, or appeal deadlines. Confirm how often the lawyer will report on progress.

Lawzana helps you find the best lawyers and law firms in Fes through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Antitrust Litigation, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.