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As part of monitoring the competitive functioning of national markets, preliminary investigations conducted by the competent services of the Competition Council have identified the possible existence of a price-fixing agreement between certain economic operators in the sardine supply market; This agreement could distort free competition in the relevant market and harm consumer interests.
To this end, and in accordance with the provisions of Article 4 of Law No. 20.13 on the Competition Council as amended and supplemented, the latter, on the proposal of its acting general rapporteur, decided to take ex officio action to open an investigation procedure to examine the competitive functioning of the relevant market, as well as the compliance of the aforementioned practices with the provisions of Law No. 104-12 on price freedom and competition.
It should be noted that Article 6 of the aforementioned Law 104-12 provides that “Are prohibited, when they have the object or may have the effect of preventing, restricting, or distorting free competition on 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 access to the market or the free exercise of competition by other companies; 2. obstruct the formation of prices by the free play of the market by artificially favoring their rise or fall…“.
This decision to take ex officio action is part of the exercise by the Competition Council of its constitutional and legislative missions and powers aimed at regulating competition in markets and protecting consumer interests, particularly regarding essential products that have a significant impact on their purchasing power.
Finally, it should be noted that this decision to take ex officio action is a procedural act aimed at opening the investigation concerning the aforementioned practices and does not prejudge the Council’s final decision on this matter.
Done in Rabat on April 30, 2024
