Press release from the Competition Council regarding the pricing grid for photography services

As part of its market monitoring and surveillance missions, the Competition Council noted the publication by several professional organizations representing photographers in several cities of unified pricing grids for photography services, which may constitute anti-competitive practices within the meaning of Article 6 of Law 104.12 on price freedom and competition.

Following this observation, the Competition Council summoned these professional organizations to obtain explanations on the development and implementation of these unified pricing grids. Following exchanges and discussions, these organizations committed to having their members remove these scales from dedicated spaces within their premises. Similarly, these associations have issued and disseminated statements urging all their members to cease any application of the aforementioned pricing grids.

These statements also announce the repeal of all previous communications regarding pricing grids and remind photography professionals of their freedom to set their fees based on the economic specificities of each professional in the sector. This approach aims to ensure compliance with the principles of free competition and to provide greater flexibility in the pricing of photography 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 where the law provides otherwise.

In this regard, price agreements, in whatever form, among members of a professional organization are prohibited under Article 6 of the aforementioned law, which states: “are prohibited, when their object or effect is to prevent, restrict or distort competition in a market, concerted actions, agreements, arrangements or express or tacit coalitions, in any form and for any reason whatsoever, particularly when they tend to:

1. limit market access or free competition by other companies;
2. obstruct price formation through free market play by artificially favoring their increase or decrease;
3. limit or control production, outlets, investments, or technical progress;
4. allocate markets, sources of supply, or public markets.”

This prohibition of anti-competitive agreements that harm the national economy and consumer interests is confirmed by the previous decision-making practice of the Competition Council and validated by the jurisprudence of Moroccan oversight courts.

 

Rabat, April 24, 2025