Press release from the Competition Council regarding the economic concentration project concerning the indirect exclusive control acquisition of the company “Zain Energie SARL” by the company “Afriquia SMDC SA” through the acquisition of 49% of the social shares and related voting rights

In accordance with Article 13 of Law No. 104-12 on freedom of prices and competition and Article 10 of Decree No. 2-14-652 issued for its implementation, as amended and supplemented, the Competition Council makes available to the public the below “operation summary” containing information provided by the parties.

This information has been prepared by the notifying parties, who are solely responsible. Any inaccurate or distorted information contained therein does not in any way prejudge the Competition Council’s position on the proposed operation.

The publication of this press release does not attest to the completeness of the file provided for in Article 9 of Decree No. 2-14-652 issued for the implementation of Law No. 104-12 on freedom of prices and competition as amended and supplemented.

Names of the companies and individuals involved:

• The direct acquirer: The company “Afriquia Oasis SA”;
• The indirect acquirer: The company “Afriquia SMDC SA”;
• The target: The company “Zain Energie SARL”.

Nature of the operation

• Indirect exclusive control acquisition.

Economic sector concerned:

• Sector of storage and distribution of fuels and lubricants.

Deadline for interested third parties to submit their observations:

• 10 days from the date of publication of this press release, i.e., December 2, 2024.

NON-CONFIDENTIAL SUMMARY OF THE OPERATION PROVIDED BY THE

PARTIES

The Competition Council has received notification of an economic concentration operation whereby the company “Afriquia SMDC SA” intends to acquire, through its subsidiary “Afriquia Oasis SA”, exclusive control of the company “Zain Energie SARL” by acquiring 49% of its share capital and related voting rights.

The activities of the companies involved are as follows:

• “Afriquia SMDC SA” is a Moroccan joint-stock company registered with the Casablanca Trade Register under number 26713, with its head office in Ain Sebaâ, Casablanca. It specializes in the distribution of fuels through a wide network of service stations deployed in Morocco under the “Afriquia” brand;
• “Afriquia Oasis SA” is a Moroccan joint-stock company registered with the Laâyoune Trade Register under number 29165, with its head office in Laâyoune, Avenue 20 Août, Appt SISAM. It specializes in fuel distribution in the Southern Provinces of the Kingdom through a network of service stations licensed under the “Afriquia” brand, granted by its parent company, Afriquia SMDC S.A;
• “Zain Energie SARL” is a single-member limited liability company under Moroccan law, registered with the Laâyoune Trade Register under number 30045, with its head office in Laâyoune, Industrial Area El Marsa BP 193 CP 70002. It is intended to carry out hydrocarbon storage activities.

 

Done in Rabat on November 19, 2024