Recently, the Competition Council issued Resolution No. 68 regarding economic concentrations that have been implemented and of which it has not been notified
The General Assembly of the Council, held last Friday, in accordance with the provisions of Article 14 of Law No. 20-13 related to the Competition Council, discussed the decision that specified that “the announced financial sanction on companies violating the commitment.
to the declaration has been determined economic concentration operations - with the exception of the ongoing investigation procedures against them - when 1% of the volume of business achieved in Morocco during the last closed accounting year, without calculating any costs, to which should be added, if necessary, the volume of business achieved in Morocco during the same period by the acquiring entity, on the basis of a set of criteria.
With regard to these criteria, the Board confirms that the undeclared economic concentration process was carried out before December 31, 2021, and that the declaration of concentration was made by the parties involved in the said operations no later than December 31, 2022.
Likewise, the above declaration must be accompanied by a full notification of the concentration process in accordance with the procedure specified in Law No. 12-104 and that the parties concerned expressly accept this conciliation procedure by means of a written letter accepting not to appeal against this procedure and the decision to impose punishment.