Morocco (June 5, 2000): Difference between revisions
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New page: '''Score = 0''' ''Governed by:'' TitleOfAct of DateOfAct, amended by TitleOfAmendment DateOfAmendment (herein referred to as "ShortTitle").<ref>Citation to statute source.</ref> {| class... |
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''Governed by:'' | ''Governed by:'' Dahir no. 1-00-225 of 2 rabil I 1421 promulgating law no. 06-99, concerning freedom of prices and competition, 6 July 2000 (herein referred to as "Competition Act").<ref>http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTCOMPLEGALDB/0,,contentMDK:20973121~pagePK:2137398~piPK:64581526~theSitePK:2137348,00.html</ref> | ||
{| class="wikitable" | {| class="wikitable" | ||
| Line 10: | Line 10: | ||
| Scope | | Scope | ||
| Extraterritoriality | | Extraterritoriality | ||
| | | 1 | ||
| | | Article 1 extends the scope to all individuals or corporations, with or without their central office located in Morocco, whose operations or conduct have an effect on competition in the Moroccan market or a substantial part thereof. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Line 34: | Line 34: | ||
| Private Enforcement | | Private Enforcement | ||
| 3rd Party Initiation | | 3rd Party Initiation | ||
| | | 1 | ||
| | | Article 9 provides that the process for nullifying an agreement can be invoked by the parties involved and by third parties. | ||
|- | |- | ||
| Line 58: | Line 58: | ||
| | | | ||
| Mandatory | | Mandatory | ||
| | | 3 | ||
| | | Article 12 states that companies are obligated to notify the Prime Minister of any concentration project that meets certain conditions. | ||
|- | |- | ||
| | | | ||
| Pre-merger | | Pre-merger | ||
| | | 2 | ||
| | | Article 12 states that firms may not implement their concentration until they've notified the Authority. | ||
|- | |- | ||
| Line 82: | Line 82: | ||
| | | | ||
| Restriction of Competition | | Restriction of Competition | ||
| | | 1 | ||
| | | Article 10 states that any concentration that may restrict competition is subject by the Authority. | ||
|- | |- | ||
| Line 112: | Line 112: | ||
| Dominance | | Dominance | ||
| Limits Access | | Limits Access | ||
| | | 1 | ||
| | | Article 7 prohibits preventing access to a market by a company or one of its products. | ||
|- | |- | ||
| | | | ||
| Abusive Acts | | Abusive Acts | ||
| | | 1 | ||
| | | Article 7(1) prohibits abusive exploitation by a dominant firm. | ||
|- | |- | ||
| Line 136: | Line 136: | ||
| | | | ||
| Resale Price Maintenance | | Resale Price Maintenance | ||
| | | 1 | ||
| | | Article 7 prohibits directly or indirectly imposing a minimum amount on the resale of a product. | ||
|- | |- | ||
| Line 148: | Line 148: | ||
| | | | ||
| Efficiency Defense | | Efficiency Defense | ||
| | | 1 | ||
| | | Article 8(2) allows an efficiency defense where the firm can prove that their actions are meant to contribute to economic progress and that these contributions are sufficient to compensate for the restrictions they impose on competitiveness. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Restrictive Trade Practices | | Restrictive Trade Practices | ||
| Price Fixing | | Price Fixing | ||
| | | 1 | ||
| | | Article 6(2) prohibits agreements that stand in the way of the setting of prices by free operation of the market by artificially favoring their raising or lowering. | ||
|- | |- | ||
| | | | ||
| Tying | | Tying | ||
| | | 1 | ||
| | | Article 7 prohibits sales linked to or subject to discriminatory conditions of sale. | ||
|- | |- | ||
| | | | ||
| Market Division | | Market Division | ||
| | | 1 | ||
| | | Article 6(4) prohibits agreements that divide markets or suppliers. | ||
|- | |- | ||
| | | | ||
| Output Restraint | | Output Restraint | ||
| | | 1 | ||
| | | Article 6(3) prohibits agreements limiting or controlling production, unblocking, investments, or technical progress. | ||
|- | |- | ||
| Line 202: | Line 202: | ||
| | | | ||
| Efficiency Defense | | Efficiency Defense | ||
| | | 1 | ||
| | | Article 8(2) allows an efficiency defense where the firm can prove that their actions are meant to contribute to economic progress and that these contributions are sufficient to compensate for the restrictions they impose on competitiveness. | ||
|} | |} | ||
Revision as of 20:55, 8 October 2007
Score = 0
Governed by: Dahir no. 1-00-225 of 2 rabil I 1421 promulgating law no. 06-99, concerning freedom of prices and competition, 6 July 2000 (herein referred to as "Competition Act").[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 1 extends the scope to all individuals or corporations, with or without their central office located in Morocco, whose operations or conduct have an effect on competition in the Moroccan market or a substantial part thereof. |
| Remedies | Fines | 0 | |
| Prison Sentences | 0 | ||
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 1 | Article 9 provides that the process for nullifying an agreement can be invoked by the parties involved and by third parties. |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 12 states that companies are obligated to notify the Prime Minister of any concentration project that meets certain conditions. | |
| Pre-merger | 2 | Article 12 states that firms may not implement their concentration until they've notified the Authority. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | Article 10 states that any concentration that may restrict competition is subject by the Authority. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | Article 7 prohibits preventing access to a market by a company or one of its products. |
| Abusive Acts | 1 | Article 7(1) prohibits abusive exploitation by a dominant firm. | |
| Price Setting | 0 | ||
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 1 | Article 7 prohibits directly or indirectly imposing a minimum amount on the resale of a product. | |
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 1 | Article 8(2) allows an efficiency defense where the firm can prove that their actions are meant to contribute to economic progress and that these contributions are sufficient to compensate for the restrictions they impose on competitiveness. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 6(2) prohibits agreements that stand in the way of the setting of prices by free operation of the market by artificially favoring their raising or lowering. |
| Tying | 1 | Article 7 prohibits sales linked to or subject to discriminatory conditions of sale. | |
| Market Division | 1 | Article 6(4) prohibits agreements that divide markets or suppliers. | |
| Output Restraint | 1 | Article 6(3) prohibits agreements limiting or controlling production, unblocking, investments, or technical progress. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 8(2) allows an efficiency defense where the firm can prove that their actions are meant to contribute to economic progress and that these contributions are sufficient to compensate for the restrictions they impose on competitiveness. |