As part of its market monitoring and surveillance missions, the Competition Council noted the adoption by the Association of Accredited Translators near the Jurisdictions (ATAJ) of a reference fee schedule and its dissemination to all its members who implement it, which could constitute anticompetitive practice in accordance with the provisions of Article 6 of Law No. 104-12 on price freedom and competition, as amended and supplemented.
Following this observation, the Competition Council held a meeting with this association, which provided all explanations regarding the identified practices. Following the exchanges and discussions, the said association committed to removing this schedule from dedicated spaces within translators’ offices. In this context, it issued and disseminated a statement calling on its members to immediately cease applying said schedule.
This statement also announces the repeal of all previous communications related to pricing grids and reminds translators of their freedom to set their fees based on the economic specificities of each professional in the sector. This approach aims to ensure respect for the principles of free competition and to provide greater flexibility in the pricing of translation services.
It should be noted that, in accordance with the provisions of Law No. 104-12 on price freedom and competition, as amended and supplemented, the prices of products and services are determined by the free play of competition, except in cases where the law provides otherwise. In this sense, price agreements, in whatever form, among members of a professional organization are prohibited under Article 6 of the aforementioned law, which states: “concerted actions, agreements, understandings, or express or tacit coalitions, in any form and for any reason whatsoever, are prohibited when they have the object or effect of preventing, restricting, or distorting competition in a market, notably when they aim to:
- limit market access or free competition exercise by other companies;
- obstruct price formation through market freedom by artificially favoring their increase or decrease;
- limit or control production, outlets, investments, or technical progress;
- allocate markets, sources of supply, or public markets.”
This prohibition of anticompetitive agreements that harm the national economy and consumer interests, including in the context of regulated professions, is confirmed by the Competition Council’s previous decision-making practice and validated by Moroccan control jurisdiction jurisprudence.
Rabat, April 14, 2025