1.0Conseil de la concurrence du Marochttps://conseil-concurrence.ma/en/Youssef OTMANEhttps://conseil-concurrence.ma/en/rich600338<blockquote class="wp-embedded-content" data-secret="cXNMvWbY6c"><a href="https://conseil-concurrence.ma/en/press-release/">Press Release</a></blockquote><iframe sandbox="allow-scripts" security="restricted" src="https://conseil-concurrence.ma/en/press-release/embed/#?secret=cXNMvWbY6c" width="600" height="338" title="“Press Release” — Conseil de la concurrence du Maroc" data-secret="cXNMvWbY6c" frameborder="0" marginwidth="0" marginheight="0" scrolling="no" class="wp-embedded-content"></iframe><script> /*! This file is auto-generated */ !function(d,l){"use strict";l.querySelector&&d.addEventListener&&"undefined"!=typeof URL&&(d.wp=d.wp||{},d.wp.receiveEmbedMessage||(d.wp.receiveEmbedMessage=function(e){var t=e.data;if((t||t.secret||t.message||t.value)&&!/[^a-zA-Z0-9]/.test(t.secret)){for(var s,r,n,a=l.querySelectorAll('iframe[data-secret="'+t.secret+'"]'),o=l.querySelectorAll('blockquote[data-secret="'+t.secret+'"]'),c=new RegExp("^https?:$","i"),i=0;i<o.length;i++)o[i].style.display="none";for(i=0;i<a.length;i++)s=a[i],e.source===s.contentWindow&&(s.removeAttribute("style"),"height"===t.message?(1e3<(r=parseInt(t.value,10))?r=1e3:~~r<200&&(r=200),s.height=r):"link"===t.message&&(r=new URL(s.getAttribute("src")),n=new URL(t.value),c.test(n.protocol))&&n.host===r.host&&l.activeElement===s&&(d.top.location.href=t.value))}},d.addEventListener("message",d.wp.receiveEmbedMessage,!1),l.addEventListener("DOMContentLoaded",function(){for(var e,t,s=l.querySelectorAll("iframe.wp-embedded-content"),r=0;r<s.length;r++)(t=(e=s[r]).getAttribute("data-secret"))||(t=Math.random().toString(36).substring(2,12),e.src+="#?secret="+t,e.setAttribute("data-secret",t)),e.contentWindow.postMessage({message:"ready",secret:t},"*")},!1)))}(window,document); //# sourceURL=https://conseil-concurrence.ma/wp-includes/js/wp-embed.min.js </script> https://conseil-concurrence.ma/wp-content/uploads/2026/01/Logo-CC-3-scaled.png2560690On October 22, 2024, the Competition Council received a submission from an independent grinding center regarding practices considered anticompetitive in the national clinker supply market. After examining the admissibility criteria set out in Article 26 of Law No. 104-12 on price freedom and competition, as amended and supplemented, the Competition Council declared the submission admissible by its decision No. 179/ق/ 2024 dated December 12, 2024. The investigative acts carried out by the investigation and inquiry services allowed for a preliminary assessment of competition concerns in the national clinker supply market arising from risks related to: the concentrated market structure in favor of national integrated cement plants that sell excess clinker produced; the availability problem of clinker limiting the access of said centers to sufficient and necessary quantities of clinker; the implementation of restrictive commercial conditions for the aforementioned independent operators; differentiated practices that could benefit cement marketing subsidiaries owned by integrated cement companies to the detriment of independent grinding centers. Following approval from the Competition Council to initiate the procedure provided for in Article 36 of the aforementioned Law No. 104-12, the preliminary assessment of the competition concerns raised was communicated to the parties and transmitted to the Government Commissioner and the submitting company. It should be noted that in accordance with Article 36 of Law No. 104-12, the Competition Council has the option to accept “commitments proposed by companies or organizations to address its competition concerns that may constitute prohibited practices under Articles 6, 7, and 8 of this law”, as specified in the modalities set out in Article 26 of Implementing Decree No. 2.14.652 issued for the application of Law No. 104-12, as amended and supplemented. In this context, the concerned companies voluntarily submitted proposals for commitments to the Competition Council in order to improve the competitive functioning of the national clinker supply market. For this purpose, the General Rapporteur publishes the commitments proposed by the concerned companies to allow interested parties to submit their observations. The commitments proposed by the companies involved in the submission, in response to the competition concerns identified by the Council, aim to improve the competitive functioning of the national clinker supply market by facilitating independent Grinding Centers’ access to this essential resource in sufficient quantities and under transparent, objective, and non-discriminatory commercial conditions. Consistency of the proposed commitments As a remedy for the competition concerns raised by the Competition Council’s investigation and inquiry services, the concerned companies submitted commitment proposals related to: prioritizing the supply of national independent grinders; implementing a commercial policy in compliance with the requirements of competitive neutrality ensuring non-discriminatory pricing and non-pricing conditions for independent grinding centers active in the national market, through: limiting the commercial advantages that their subsidiaries would benefit from, based on the volumes of clinker purchases reserved for their own consumption for cement production; refraining from any possible practices that could lead to margin compression or any form of cross-subsidization between “Cement & Clinker” activities, to the detriment of independent grinders. internal reorganization ensuring operational, administrative, and managerial separation of the clinker marketing activity in the national market, as evidenced by: the organizational chart of the companies concerned; the procedures implemented, specifically those related to access to sensitive information concerning clinker marketing in the local market; confidentiality commitments required of the personnel involved. transparency on clinker prices and sales conditions, through the publication of: technical specifications of the clinker product offered for sale; General Sales Conditions specific to clinker giving buyers the choice of purchase modalities (Delivered/Departed) and purchase frequency (Spot, annual or multi-year contract), while ensuring acceptance of credit insurance in addition to bank guarantees. efforts to limit the burial of qualified fly ashes and to open up the possibility of supplying non-members of the economic interest group formed by historical cement market operators for collecting ashes from thermal power plants located in Jorf Lasfar; strengthening the compliance program, specifically regarding competitive risks arising from vertical links between cement production and marketing activities and local sales of clinker to direct competitors in the cement downstream market. Further steps in the commitment process In accordance with paragraphs 6 and 7 of Article 26 of Decree No. 2-14-652 issued for the application of Law No. 104-12, the Competition Council publishes the commitments proposed by the concerned companies to gather observations from interested third parties within a regulatory period of 30 days from the date of publication of this press release, i.e., July 28, 2025. Following this market test, and after examining the collected observations, the Competition Council will make its final decision by making the aforementioned commitments mandatory for the parties, thereby concluding the procedure.   Issued in Rabat on July 28, 2025