The investigation and inquiry services of the Competition Council conducted, on October 22, 2024, an unannounced visit and seizure operation at a company suspected of implementing anti-competitive practices in the home delivery market.
This visit and seizure operation was carried out with the authorization of the Public Prosecutor in whose jurisdiction the searched premises are located, and with the assistance of judicial police officers from the National Judicial Police Brigade designated for this purpose, in accordance with the provisions of Article 72 of Law 104-12 on price freedom and competition as amended and supplemented.
It should be noted that at this stage, the conducted unannounced visit and seizure operation does not prejudge the existence or non-existence of the alleged practices or the guilt of the company concerned. Indeed, only the deliberative bodies of the Competition Council can, after a thorough adversarial investigation respecting the defense rights of the parties involved, rule on the validity of the practices if the elements of the investigation and inquiry establish their existence.
For reasons related to preserving the defense rights of the visited company, the Competition Council will not, for the time being, make any comments on the identity of the visited company or on the practices subject to the visit and seizure operation.
As a reminder and in accordance with the provisions of Article 16 of Law 20.13 on the Competition Council, the latter has investigation and inquiry services that conduct the necessary investigations and inquiries for the application of the law on price freedom and competition regarding anti-competitive practices and the control of economic concentration operations.
In this context, unannounced visit and seizure operations, regulated by the aforementioned Article 72, constitute an investigative tool that allows for the collection of on-site evidence and information necessary for the instruction of files related to anti-competitive practices or the failure to notify economic concentration operations to the Competition Council (Gun jumping).
Rabat, October 25, 2024