LAW ON FREEDOM OF PRICES AND COMPETITION MOROCCO
LexInter | October 13, 2009 | 0 Comments

LAW ON FREEDOM OF PRICES AND COMPETITION MOROCCO

Preamble

The purpose of this law is to define the provisions governing the freedom of prices and to organize the free

competition. It defines the rules for the protection of competition in order to stimulate efficiency

economic and improve the well-being of consumers. It also aims to ensure the

transparency and loyalty in business relations.

Title One: Scope

Article 1 : This law applies:

1 – to all natural or legal persons whether or not they have their registered office or

establishments in Morocco, as soon as their operations or behavior have an effect on the

competition on the Moroccan market or a substantial part of it;

2 – to all production, distribution and service activities;

3 – to public entities insofar as they are involved in the activities mentioned in

paragraph 2 above as economic operators and not in the exercise of prerogatives of

public power or public service missions;

4 – export agreements insofar as their application has an impact on competition

on the Moroccan domestic market.

Title II: Freedom of Prices

Article 2: The prices of goods, products and services are determined by the game of free

competition subject to the provisions of Articles 3, 4, 5 and 83 below.

Article 3 : In sectors or geographical areas where price competition is limited

either due to de jure or de facto monopoly situations, or to lasting difficulties

supply, either by legislative or regulatory provisions, the prices may be set by

the administration after consultation with the Competition Council provided for in article 14 below. The

terms of their setting are determined by regulation.

Article 4: The provisions of Articles 2 and 3 above do not prevent measures

temporary against excessive increases or decreases in prices, motivated by circumstances

exceptional circumstances, a public calamity or a manifestly abnormal market situation in a

determined sector, may be taken by the administration, after consultation with the Council of the

competition. The duration of application of these measures may not exceed six (6) months, extendable one

one time.

Article 5: At the request of professional organizations representing a sector of activity or on

the initiative of the administration, the prices of products and services whose price can be regulated

in accordance with Articles 3 and 4 may be subject to approval by the administration after

consultation with said organizations.

The price of the good, product or service concerned can then be set freely within the limits provided for by

the agreement between the administration and the organizations concerned.

If the administration finds a violation of the agreement concluded, it fixes the price of the good, product or service

concerned under the conditions set by regulation.

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Title III: Anticompetitive Practices

Article 6: Are prohibited, when their purpose or may have the effect of preventing,

restrict or distort the play of competition on a market, concerted actions, agreements,

express or tacit agreements or coalitions, in any form and for any reason whatsoever,

especially 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 promoting their

rise or fall;

3 – limit or control production, outlets, investments or technical progress;

4 – share markets or sources of supply.

Article 7: Is prohibited, when its object or may have the effect of preventing, restricting

or to distort the game of competition, abusive exploitation by a company or a group

companies:

1 – a dominant position on the internal market or a substantial part of it;

2 – a situation of economic dependence in which a customer or supplier finds himself

having no other alternative.

The abuse can consist in particular of refusal of sale, tied selling or conditions of sale.

discriminatory practices as well as in the termination of established commercial relations, on the sole ground that the

partner refuses to submit to unjustified commercial conditions. It may consist

also to impose directly or indirectly a minimum character on the resale price of a

product or good, at the price of a service or at a commercial margin.

The abuse may also consist of price offers or selling price practices to consumers.

excessively low in relation to production, processing and marketing costs, from

when these offers or practices have as their object or may have the effect of eliminating a market, or

prevent access to a market, a company or one of its products.

Article 8: The following are not subject to the provisions of Articles 6 and 7 above:

1 – which result from the application of a legislative text or a regulatory text;

2 – whose authors can justify that they have the effect of contributing to economic progress and

that its contributions are sufficient to offset the restrictions of competition and that they

reserve a fair share of the resulting profit for users, without giving companies

interested the possibility of eliminating competition for a substantial part of the products and

services involved. These practices should impose restrictions on competition only in the

to the extent that they are essential to achieve this objective of progress.

Certain categories of agreements or certain agreements, in particular when they are intended to improve the

management of small or medium-sized enterprises or the marketing by farmers of their

products, may be recognized as meeting the conditions provided for in paragraph 2 of the 1 st

paragraph above by the administration after consulting the Competition Council.

Article 9: Any commitment or agreement relating to a prohibited practice in application of the

Articles 6 and 7 above is automatically void.

This nullity can be invoked by the parties and by third parties; it cannot be opposed to third parties by

the parts ; it is possibly noted by the competent courts to which the opinion of the Council of

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the competition, if one has occurred, must be communicated.

Title IV: Economic Concentration Operations

Article 10: Any proposed concentration or any concentration likely to undermine the

competition, in particular by creating or strengthening a dominant position, is subject to the

Prime Minister in the opinion of the Competition Council.

These provisions only apply when the undertakings which are parties to the act, or which are

the object, or which are economically linked to them, have carried out together, during the preceding calendar year,

more than 40% of sales, purchases or other transactions in a national market of goods, products or

services of the same or substitutable nature, or on a substantial part thereof.

Article 11: A concentration within the meaning of this title results from any act, whatever the

form, which involves transfer of ownership or enjoyment of all or part of the goods, rights and

obligations of a company or which has the object or effect of enabling a company or

group of companies to exercise, directly or indirectly, on one or more other companies

a decisive influence.

Article 12: Companies are required to notify the Prime Minister of any proposed concentration

under the conditions provided for in the 2nd paragraph of Article 10. The notification may be accompanied by

commitments.

The silence kept for two (2) months implies tacit acceptance of the concentration project, as well as

the commitments attached to it, if applicable.

This period is extended to six (6) months if the Prime Minister refers to the Competition Council.

The Prime Minister cannot refer the matter to the Competition Council after the expiry of the period provided for in

paragraph 2 above, except in the event of non-fulfillment of commitments of which the aforementioned notification is

possibly matched.

During this period, the companies concerned cannot implement their project.

The bodies referred to in paragraph 3 of Article 15 below may inform the Prime Minister

that a concentration was carried out in contravention of the provisions of the 1 st paragraph above.

Article 13: The provisions of this title are only applicable to acts passed or concluded

after the date of entry into force of this law.

Title V: Of the Competition Council

Article 14: A Competition Council is created with advisory powers for the purposes of advice,

advice or recommendations.

Chapter One: Within the competence of the Competition Council

Article 15: The Competition Council is consulted by:

1 – the standing committees of Parliament, for bills relating to the

competition;

2 – the government, for any question concerning competition;

3 -within the limit of the interests for which they are responsible, the regional councils, the communities

urban areas, chambers of commerce, industry and services, chambers of agriculture,

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craft chambers, maritime fishing chambers, trade unions and

professional associations or consumer associations recognized as being of public utility, on any

question of principle concerning competition;

4 – the courts having jurisdiction over anti-competitive practices defined in Articles 6 and 7 above

and found in the cases brought before them.

Article 16: The Competition Council must be consulted by the government on any

draft law or regulatory text establishing a new regime or modifying an existing regime

having the effect:

1 – to subject the exercise of a profession or access to a market to quantitative restrictions;

2 – to establish monopolies or other exclusive or special rights in the territory of Morocco or in

a substantial part of it;

3 – to impose uniform practices in terms of prices or conditions of sale;

4 – to grant aid from the State or local communities.

Article 17: The Competition Council also exercises the powers defined by this law

with regard to mergers, anti-competitive practices referred to in Articles 6 and 7 above,

as well as in terms of price.

Chapter II: Composition of the Competition Council

Article 18: The Competition Council is composed in addition to the president of twelve (12) members

whose :

– six (6) members representing the administration

– three (3) members chosen for their competence in legal, economic,

competition or consumption;

– three (3) members exercising or having exercised their activities in the sectors of production,

distribution or services.

Article 19: The president is appointed by the Prime Minister. The other members of the Council of the

competition are appointed for five (5) years by decree on a proposal from the administration and

concerned bodies to which said members belong, and this, under the conditions set by way of

regulatory.

Their mandate is renewable once.

Article 20: The president exercises his functions full time.

It is subject to the incompatibility rules provided for for public employment.

Any member of the Competition Council must inform the president of the interests he holds and of the

functions he performs in an economic activity.

No member of the Competition Council may give an opinion in a matter in which he has an interest or

if he represents or has represented an interested party.

Article 21: Are placed with the Competition Council, at the request of its president,

officials classified at least in the pay scale n ° 10 or in an equivalent grade

to act as rapporteurs.

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A general rapporteur is appointed by the chairman of the board from among the reporters ranked at least

in the pay scale n ° 11.

Article 22: The general rapporteur leads and monitors the work of the rapporteurs.

The rapporteurs are responsible for examining the matters entrusted to them by the President of the Council

competition.

Article 23: The Competition Council establishes its rules of procedure which in particular sets the

conditions of its operation and organization.

The Competition Council submits an annual activity report to the Prime Minister. The

opinions, recommendations and consultations rendered in application of this law are annexed

to this report.

Chapter III: Procedure before the Competition Council

Section One: Procedure relating to practices

anti-competitive

Article 24: The Prime Minister, or the bodies referred to in the 3rd paragraph of Article 15 above

for any matter concerning the interests for which they are responsible, may refer to the Council of the

competition from facts which appear to them likely to constitute infringements of the provisions of the

Articles 6 and 7 above.

Article 25: The Competition Council examines whether the practices referred to it constitute

violations of the provisions of Articles 6 and 7 above or if these practices can be justified by

the application of article 8 above. He communicates his opinion to the Prime Minister or to the organizations

from which the request for an opinion emanates, and recommends, where appropriate, the measures, conditions or

injunctions provided for in this section.

It cannot be seized of facts dating back more than five (5) years if it has not been done during this period.

no act tending to their research, their establishment or their sanction.

The period of limitation is suspended by consultation of the Competition Council.

Article 26: The Competition Council may, when the facts appear to it to justify

application of article 67 below, recommend that the Prime Minister refer the matter to the public prosecutor

to the court of first instance competent for the purposes of prosecution in accordance with said article.

This transmission interrupts the prescription of public action.

Article 27: The Competition Council may within two months declare, by decision

reasoned, his referral inadmissible if he considers that the facts invoked do not fall within the scope of his

competence or are not supported by sufficient evidence.

The Competition Council may declare by reasoned decision, after the author of the referral has

been able to consult the file and make observations, that there is no need to

continue the procedure.

This decision of the council is transmitted to the author of the referral and to the persons whose actions

have been examined in the light of Articles 6 and 7 above.

Article 28: The president of the Competition Council appoints a rapporteur for the examination and

follow-up of each case.

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Article 29: The president of the Competition Council may ask the administration to proceed

to any inquiries it deems useful.

The chairman of the board may also, whenever the needs of the investigation so require, appeal

any expertise requiring specific technical skills.

Article 30: The rapporteur examines the case.

He may proceed to the hearing of the parties in question.

The rapporteur’s report must contain a statement of the facts and, where applicable, the infringements noted,

as well as the information and documents or extracts thereof, on which it is based.

The report and the documents mentioned in the above paragraph are communicated to the parties concerned.

by registered letter with acknowledgment of receipt or by a bailiff for the purpose of presenting

their observations.

Article 31: The parties involved must submit their observations on the report in writing in

a period of two months from the date of receipt of the registered letter or the

notification made by the judicial officer referred to in the previous article.

In addition, the Competition Council may invite them to present oral observations and their

ask to answer any questions put to them.

Article 32: The Prime Minister may, by reasoned decision and on the recommendation of the Council of

competition, after hearing the parties involved, order measures

conservatories which can only be requested incidentally to a request for a prior opinion.

The request for provisional measures may be presented at any time during the proceedings and must

be motivated.

These measures may include the suspension of the practice concerned as well as an injunction to

parts to revert to the previous state. They must remain strictly limited to what is necessary

to deal with the emergency.

These measures can only be taken if the practice denounced causes serious and immediate harm.

the economy of the country, that of the sector concerned, the interests of consumers or businesses

wronged.

These measures are notified by registered letter with acknowledgment of receipt or by a bailiff.

justice to the requester and to the persons against whom the request is directed.

Article 33: The President of the Competition Council is prohibited from communicating any document

involving business secrecy, except where the communication or consultation of these

documents is necessary for the proceedings or for the exercise of the rights of the parties involved. Rooms

considered are withdrawn from the file.

Article 34: Will be punished with a fine of 10,000 to 100,000 dirhams the disclosure by one of the

parties involved information concerning another party or a third party which it could not have

knowledge only as a result of the communications or consultations which have been carried out.

Article 35: The parties in question may attend the meetings of the council or be assisted or

represented by legal advisers of their choice.

They can ask to be heard by the Competition Council.

The Competition Council may hear any person whose hearing it considers likely to

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contribute to its information.

The general rapporteur may present oral observations.

The general rapporteur and the rapporteurs attend the meetings of the council without voting rights.

The competition council is required to communicate the dates of its meetings by posting

at his seat.

Article 36: The Prime Minister may, by reasoned decision and on the recommendation of the Council of

competition, order those concerned to put an end to anti-competitive practices within a

determined or impose special conditions.

He may also refer the matter to the public prosecutor at the competent court of first instance for the purposes of

prosecution in accordance with the provisions of article 70 below.

Article 37: If the injunctions or the conditions provided for in paragraph 1 of Article 36 above or if the

protective measures provided for in article 32 above are not respected, the Prime Minister

may, by reasoned decision and on the recommendation of the Competition Council, refer the matter to the public prosecutor

King at the competent court of first instance for the purposes of prosecution in accordance with

provisions of article 70 below.

Article 38: The courts must communicate to the Competition Council, at its request,

copy of the minutes, investigation reports or any document directly related to the

facts before the Competition Council.

The Competition Council can be consulted by the courts on the practices

anti-competitive procedures defined in Articles 6 and 7 above and noted in the cases in which they are

seizures. He can only give an opinion after an adversarial procedure. However, if he has

information already collected during a previous procedure, it can issue its opinion without having

to implement the procedure provided for in this section.

Notices issued in application of this article may not be published, where applicable, until after

that a decision becomes final.

Article 39: The prescription of public action is interrupted under the conditions of common law,

including by drawing up the minutes referred to in Article 62.

Article 40: Appeals against decisions of the Prime Minister taken in application of this

section, except those referred to in Articles 26 ( 1st paragraph), 36 (2nd paragraph) and 37, are brought before the

competent administrative court.

Article 41: The Prime Minister may also, ex officio or on the recommendation of the Council of

competition, order that the decisions taken pursuant to this section be published

in full or in extracts in one or more newspapers authorized to publish legal announcements,

or publications that it designates, and displayed in the places that it indicates:

– at the expense of the party who has contravened the provisions of Articles 6 and 7 above;

– at the expense of the applicant for measures in the case of provisional measures.

The Prime Minister may also prescribe, ex officio or on the recommendation of the Council of the

competition, including the full text of its decision in the management report drawn up by the

managers, the board of directors or the management board on the operations of the year.

Section II: Procedure relating to operations

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of economic concentration

Article 42: When the Prime Minister submits to the Competition Council a draft

concentration or a concentration operation, it notifies the companies parties to the act.

The Competition Council assesses whether the proposed merger or the merger operation

make a sufficient contribution to economic progress to compensate for infringements of

competition. The advice takes into account the competitiveness of the companies in question with regard to the

international competition.

Article 43: The Prime Minister may, by reasoned decision, and following the opinion of the Council of

competition, order companies, within a specified period:

– either not to proceed with the proposed concentration or to re-establish the previous legal situation;

– either to modify or complete the operation or to take any specific measure to ensure or establish

sufficient competition.

Completion of the transaction may also be subject to compliance with regulatory requirements.

such as to make a sufficient contribution to economic and social progress to compensate for the

harm to competition.

These injunctions and prescriptions apply whatever the stipulations of the parties.

Article 44: Decisions taken in application of the preceding article 43 cannot be taken

only after interested parties have been given an opportunity to comment on

response to the report drawn up by the rapporteur, within a period of one month from the date of

receipt of said report.

Article 45: The Competition Council may, in the event of abusive exploitation of a position

dominant, propose to the Prime Minister to order by reasoned decision, the company or the group

companies in question, to modify, supplement or terminate, within a specified period, all agreements

and all acts by which the concentration of economic power which has enabled the

abuse even if these acts were the subject of the procedure provided for in this section.

Article 46: The procedure applicable to the decisions of the Prime Minister is that provided for in article 30

above and Articles 33 to 35 above.

The decisions of the Prime Minister are motivated and published in the “Official Bulletin”, with the opinion of the

Competition Council.

In the absence of the notification provided for in article 12 above and in the event of non-compliance with the commitments

planned for 1 st paragraph of Article 12 above as well as non-compliance with the above decisions, the

Prime Minister may, after consultation with the Competition Council, refer the matter to the public prosecutor at

the court of first instance competent for the purposes of prosecution in accordance with Article 70 below.

Appeals against decisions of the Prime Minister taken in application of this section, except

those to seize the public prosecutor provided for in the preceding paragraph, are brought before the court

competent administrative authority.

Title VI: Restrictive Practices of Competition

Chapter One: Protection and information

consumers

Article 47: Any seller of a product or any service provider must by way of marking,

labeling, display or by any other appropriate process, inform the consumer about prices and

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the special conditions of the sale or the performance of the service.

The terms of consumer information are set by regulation.

Article 48: The seller of products or the service provider is required to issue an invoice,

receipt or any other document in lieu of any consumer who requests it.

However, in certain sectors, the list of which is fixed by regulation, the issuance of a

invoice may be made compulsory.

The provisions of paragraphs 3 to 7 of article 51 below are applicable to the invoices provided for by

this article.

Article 49: It is prohibited to:

– refuse a consumer the sale of a product or the provision of a service, unless there is a legitimate reason;

– make the sale of a product conditional on the purchase of a prescribed quantity or on the concomitant purchase of a

other product or service;

– subordinate the provision of a service to that of another service or to the purchase of a product.

Article 50: It is prohibited to sell or offer for sale products or goods, to insure or

to offer a service to consumers giving the right free of charge, immediately or at

term, at a premium consisting of products, goods or services unless they are identical to those which

the object of the sale or the service.

This provision does not apply to small items or services of low value or to samples.

The value of these objects, services or samples is determined by regulation.

The following are not considered as premiums within the meaning of the 1 st paragraph above:

– the usual packaging of the product, the goods, products or services which are

essential for the normal use of the product, good or service being sold;

– after-sales service and parking facilities offered by traders

to their customers;

– the services provided free of charge if these services are not usually

subject to a contract for valuable consideration and have no market value.

Chapter II: Transparency in Relations

business between professionals

Article 51: Any purchase of goods or products or any provision of service between professionals must

be invoiced.

The seller is required to issue the invoice as soon as the sale or service is completed.

or a document in lieu of the said sale or provision of the service

framework of monthly payments provided that the invoice is issued at the end of each month. The buyer

must claim the invoice.

The invoice must be drawn up in duplicate pre-numbered and drawn from a continuous or edited series.

by a computer system in a continuous series.

The seller and the buyer must each keep a copy for five (5) years from

the date of establishment of the invoice, without prejudice to the provisions of the

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tax legislation in force.

Subject to the application of any other legislative or regulatory provisions in force,

in particular the registration numbers in the trade register, amount of the share capital and

address of the registered office, tax identification number, patent tax article number, the

invoice must mention:

– the name, denomination or company name of the parties as well as their address;

-the date of the sale of the product or the provision of the service and, where applicable, the date of delivery;

– the quantities and the precise name of the products or services;

– the unit prices excluding taxes or all taxes included of the goods or products sold and of the services

rendered;

– where applicable, the reductions granted and their quantifiable amount during the sale or

provision of service, regardless of their payment date;

– the total amount including all taxes;

– payment terms.

It is prohibited to issue invoices containing false information as to price, quantity and

quality of products or goods sold or services rendered.

The refusal to issue an invoice can be noted by any means, in particular by a formal notice.

in the form of a registered letter or by report drawn up by any law enforcement officer.

Article 52: Any producer, service provider, importer or wholesaler is required to

communicate to any product purchaser or service requester for an activity

professional who requests it, its price list and conditions of sale.

These include the terms of payment or payment guarantees and, where applicable,

reductions granted regardless of their payment date.

This communication is carried out by any means consistent with the practice of the profession.

Article 53: It is forbidden for any person to impose, directly or indirectly, a

minimal character at the resale price of a product or a good, at the price of a service or at

a commercial margin.

Article 54: It is prohibited for any producer, importer, wholesaler or service provider:

1 – to practice, with regard to an economic partner or to obtain from him prices, deadlines

payment, terms of sale or terms of sale or purchase that are discriminatory and not

justified by real counterparts, thereby creating, for this partner, a disadvantage or

competitive advantage;

2 – to refuse to meet the demands of buyers of products or requests for services

services, for a professional activity, when these requests are of no nature

abnormal and that they are made in good faith;

3 – to subordinate the sale of a product or the provision of a service for a professional activity,

either to the concomitant purchase of other products, or to the purchase of an imposed quantity, or to the service

from another service;

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4 – in towns where there are wholesale markets and fish markets:

a) to supply wholesalers, semi-wholesalers or retailers with fruit, vegetables or fish intended for

consumption and sold as is and which would not have passed through these markets and

of these halls;

b) to hold, offer for sale or sell fruit, vegetables or fish intended for

consumption and sold as is and which would not have gone through these markets and

these halls.

Exception is made for the aforementioned foodstuffs imported or intended for export or industry.

Chapter III: Clandestine storage

Article 55: Are considered as clandestine storage and are prohibited:

1 – The holding by traders, manufacturers, artisans or farmers of stocks of goods

or products which are concealed by them for speculative purposes and in any premises whatsoever;

2 – The holding with a view to the sale of a stock of goods or of any products, by

persons not entered in the trade register or not having the quality of craftsman under the terms of

dahir n ° 1-63-194 of 5 safar 1383 (June 28, 1963) forming the statute of the craft chambers or which

can justify the status of agricultural producer;

3 – The holding, with a view to sale, by persons registered in the trade register or having the

quality of craftsman under the aforementioned dahir, of a stock of goods or products foreign to

the object of their industry or commerce or activity such that this object results from their patent or their

registration on the electoral rolls of the craft chambers;

4 – The holding, with a view to sale, by agricultural producers of a stock of goods or

products foreign to their exploitation.

Will be considered held for sale for the purposes of paragraphs 2, 3 and 4 above,

any stock of goods or products not justified by the needs of the activity

professional of the keeper and the importance of which clearly exceeds the needs of

family supplies valued according to local customs.

Title VII: Special provisions relating to

products or services whose price is regulated

Article 56: Prices can be fixed either in absolute value or by applying a margin

beneficiary applicable to a product or service at the relevant stage of marketing, either by

any other way.

When profit margins are expressed in absolute value, they are added to the cost price.

When expressed as a percentage they apply, unless otherwise specified, at the price of

sale.

The terms of application of the provisions of this article are set by regulation.

Article 57: Detention may be made compulsory and subject to declaration, for any reason whatsoever

either, goods or products whose prices are regulated in application of this law,

whatever their origin, provenance and destination.

These goods and products can benefit from discounts made by the Caisse de

compensation or be subject to compensatory deductions paid to the same fund.

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The terms of application of the provisions of this article are fixed by the administration.

Article 58: Conditions of detention of goods or products whose prices are regulated

in application of this law as well as, where applicable, the mode of presentation for their

exhibition or sale may be prescribed by the administration.

Article 59: Is prohibited and is considered as clandestine storage the holding of stocks of

goods or products which have not been declared when they should have been declared in application of

article 57 above.

Article 60: Constitute illegal price increases for goods, products or services

whose prices are regulated:

1 – Sales, sales offers, sales proposals, sales agreements made or contracted

at a price higher than the fixed price;

2 – Purchases, purchase offers, purchase proposals, purchase agreements made knowingly at a price

higher than the fixed price;

3 – The fact, when several intermediaries intervene at the same stage of the circuit, of dividing

a margin greater than the limit allowed for this stage. In this case, these intermediaries are

jointly and severally liable.

Title VIII: Investigations and sanctions

Chapter One: Investigations

Article 61: For the application of the provisions of this law, civil servants

the administration specially empowered for this purpose and the agents of the body of price controllers

may make the necessary inquiries.

They must be sworn in, and bear a professional card issued by the administration according to

the terms set by regulation.

The officials referred to in this article are bound by professional secrecy under penalty of

sanctions provided for in article 446 of the penal code.

Article 62: Investigations may give rise to the establishment of reports and, if necessary

investigation reports.

The minutes and investigation reports on the practices referred to in Articles 6 and 7 above

drawn up by the aforementioned officials and agents are sent to the authority which requested them.

The reports noting violations of the provisions of Titles VI and VII are sent to the

competent public prosecutor.

Article 63: The minutes state the nature, date and place of the findings or

checks carried out. They are signed by the investigator (s) and by the person (s) concerned.

through investigations. In case of refusal of this (s) to sign, mention is made in the minutes.

A duplicate is left to the interested parties. They are binding until proven otherwise.

The reports may be accompanied by a provisional blocking order in the event of

infringement of the provisions of Chapter III of Title VI and of those of Article 59 above.

The blocked goods or products may be left in the custody of the offender if it is

of perishable foodstuffs on condition that they pay the estimated value fixed in the report or be

transported after inventory and estimate to any place designated for this purpose.

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The minutes are exempt from stamp and registration formalities and duties. They are

drawn up as quickly as possible for the inquiries referred to in Article 64 below, and immediately

for those referred to in article 65 below.

With regard to the inquiries referred to in Article 64 below, the reports must indicate

that the offender has been informed of the date and place of their drafting and that a summons has been

made to attend this writing.

The convocation of the offender is recorded in an ad hoc logbook and includes the mention

the date of delivery, the surname and first name of the offender, the address and the nature of his business

as well as the summons provided above.

The summons is considered validly made when the summons has been delivered to the

offender at his place of work or at his home, to one of the offender’s employees or to any

person responsible in any capacity whatsoever for the management or administration of the company or,

without fulfilling managerial or administrative functions, who participates in any capacity whatsoever in

the activity of the said company. Mention of this discount is made on the invitation.

In the event that the offender could not be identified, the reports are drawn up against the unknown.

Article 64: Investigators may access any premises, land or means of transport used

professional, request the communication of books, invoices and all other documents

professionals and take copies, collect on convocation or on site the information and

justifications.

The investigators’ action is also exercised on the goods or products transported. In this

Indeed, they can request for the accomplishment of their mission the opening of all parcels and luggage

when they are dispatched or delivered in the presence of the carrier and either the shipper or the

addressee or in the presence of their representative.

Transport contractors are required not to bring any obstacle to these operations and to

present movement documents, waybills, receipts, bills of lading and declarations

of which they are holders.

The investigators can ask the administration to appoint an expert approved by the

courts to carry out any necessary contradictory expertise.

Article 65: Investigators may not carry out visits to all places as well as the seizure of

documents, only in the context of inquiries requested by the administration and with justified authorization

the public prosecutor in whose jurisdiction the places to visit are located. When these places are located

in the jurisdiction of several jurisdictions and that simultaneous action must be taken in each of

these places a single authorization can be delivered by one of the competent public prosecutors.

The relevant public prosecutor must be notified.

The visit and the seizure are carried out under the authority and the control of the public prosecutor who authorized them.

He appoints one or more judicial police officers, and if necessary a female civil servant from the

judicial police during visits to premises for residential use, responsible for assisting in these operations.

The visit, which cannot begin before five o’clock or after nine o’clock, is carried out in

presence of the occupant of the premises or his representative. Failing that, the provisions of article 104 of

code of criminal procedure are applied.

The investigators, the occupant of the premises or his representative as well as the judicial police officer

only can take cognizance of the documents and documents before they are entered.

Inventories and sealing of seized items are carried out in accordance with the provisions

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of the Code of Criminal Procedure.

The originals of the minutes and the inventory are sent to the public prosecutor who authorized the

visit. A copy is issued to the person concerned.

Copies of the documents that must remain seized, certified

by the investigating official. Mention is made in the minutes.

The documents and documents which are no longer useful for the manifestation of the truth are returned to

the occupant of the premises.

Article 66: The investigators authorized under this law may, without being opposed to the

professional secrecy, access any document or information held by the

administrations, public establishments and local communities.

Chapter II: Criminal sanctions

Article 67: Shall be punished by imprisonment of two (2) months to one (1) year and a fine of

10,000 to 500,000 dirhams or one of these two penalties only any natural person who,

fraudulently or knowingly, will have taken a personal part in the design,

the organization, implementation or control of practices referred to in Articles 6 and 7 above.

Article 68: Shall be punished by imprisonment of two (2) months to two (2) years and a fine of

10,000 to 500,000 dirhams or one of these two penalties only does, by broadcasting, by some

by any means whatsoever, false or slanderous information, by throwing on the market

offers intended to disturb the prices or overoffers made at the prices requested by the sellers, or

by using any other fraudulent means, to operate or attempt to operate the increase or decrease

artificial price of goods or services or public or private effects.

When the artificial rise or fall in prices concerns foodstuffs, grains,

flour, flour, beverages, pharmaceuticals, fuels or fertilizers

commercial, imprisonment is one (1) to three (3) years and the maximum fine is

800,000 dirhams.

Imprisonment can be increased to five (5) years and the fine to 1,000,000 dirhams if speculation

relates to foodstuffs or merchandise that does not fall within the ordinary exercise of the profession of

offender.

Article 69: In all the cases provided for in Articles 67 and 68 above, the culprit may be struck,

regardless of the application of article 87 of the penal code, the prohibition of one or more

rights mentioned in article 40 of the same code.

Article 70: In the event of violation of the provisions of Articles 6 and 7 above and in the event of non-compliance

of the notification and of the commitments mentioned in paragraph 1 of Article 12 above, of the

precautionary measures provided for in article 32 above or the injunction or conditions provided for in

1 st paragraph of Article 36 above and the non-compliance of the decisions provided for in Article 46 above,

legal persons can be found criminally liable when the

circumstances of the case justify it, in particular the bad faith of the parties involved or the serious

of their offenses and without prejudice to the civil penalties liable to be applied by the

competent courts.

The penalty incurred is a fine the amount of which is, for a company, from 2% to 5%.

100 of the turnover excluding taxes achieved in Morocco during the last closed financial year. If the

offender is not a company, the fine is 200,000 to 2,000,000 dirhams.

If the company operates different business sectors, the turnover to be retained is that of the or

areas where the offense was committed.

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The amount of the fine must be determined individually for each company or organization

sanctioned taking into account the seriousness of the alleged acts and the extent of the damage

caused to the economy, as well as the financial situation and the size of the company or

the sanctioned body. This fine is determined according to the role played by each company

or organization involved.

In the event of a repeat offense within five (5) years, the maximum amount of the applicable fine

can be doubled.

Article 71: Infringements of the provisions of Chapter 1 of Title VI and of the texts adopted for their

application are punished with a fine of 1,200 to 5,000 dirhams.

Breaches of the provisions of Chapter II of Title VI, of those of Articles 57, 58 and 60 above and

to the texts taken for their application are punished by a fine of 5,000 to 100,000 dirhams.

Article 72: Are punished by a fine of 100,000 to 500,000 dirhams and imprisonment of 2

months to 2 years infringements of the provisions of articles 55 and 59 of this law.

The confiscation of the goods which are the subject of the offense and of the means of transport may

also be pronounced.

Article 73: Any person responsible for the disappearance of a good or a product having

is the subject of a blocking order in accordance with the provisions of the 2 nd paragraph of Article 63 is liable

a fine of up to a sum equal to 10 times the value of the merchandise or product

faded away.

Article 74: In the event of a conviction for clandestine storage, the court may pronounce as

temporary and for a period which may not exceed 3 months the closing of stores or

convict’s offices.

He may also prohibit the convicted person on a temporary basis and for a maximum period of one year, the exercise of

of his profession or even to carry out any act of commerce.

During the period of the temporary closure, the offender will continue to provide his staff

salaries, tips, indemnities or benefits of any kind from which he was benefiting on the date of the

closure of the fund.

Any infringement of the provisions of a judgment pronouncing either the closure or the ban on exercising

the profession or to carry out any act of trade is punished with a fine of 1,200 to 200,000

dirhams and imprisonment of one (1) month to two (2) years or one of these two penalties

only.

Article 75: During the period of the prohibition provided for in Article 74 above, the convicted person may not,

under the penalties enacted in the 4th paragraph of said article, be employed in any capacity whatsoever in

the establishment that he operated even if he sold, rented or managed it. It can’t be either

employed in the establishment that would be operated by his spouse.

Article 76: Shall be punished by imprisonment of two (2) months to two (2) years and a fine of

5,000 to 200,000 dirhams or one of these two penalties only anyone who will have:

– opposes the exercise of the functions of the investigators referred to in article 61 above;

– refused to communicate to the investigators referred to in Article 61 above documents relating to

the exercise of its activities as well as the concealment and falsification of these documents.

Anyone who knowingly gives false information or makes false statements to

16

competent bodies or persons empowered to record infringements or refuse to

providing the explanations and justifications requested is punishable by the penalties provided for in the 1 st paragraph above.

Insults and assaults committed against the persons referred to in the previous paragraph are punished

penalties provided for in 1 st paragraph above.

Article 77: The provisions of article 146 of the penal code relating to mitigating circumstances

fines imposed by virtue of this law are not applicable.

Article 78: As soon as a sentence pronounced in application of articles 67 to 70 above is

become irrevocable, an extract of the judgment or judgment is sent free of charge to the Prime Minister

for information.

Article 79: The court may order the publication and display of its decision or one of these

measures only in accordance with the provisions of article 48 of the penal code, issued in

application of this chapter at the expense of the convicted person without the duration of the posting exceeding one

(1) month and without the publication costs exceeding the maximum fine.

Article 80: Criminal proceedings instituted in application of Titles VI and VII of this law

are exercised by direct summons and the competent court rules at its next

hearing.

There is an emergency ruling on the appeal.

Article 81: The court may jointly condemn legal persons to the payment of

fines pronounced against their directors under the provisions of this law and the texts

taken for its application.

Article 82: The penal provisions of this law are applicable only if the facts which they

punishments cannot receive a more serious criminal qualification by virtue of the provisions of the

criminal.

Title IX: Transitional and Miscellaneous Provisions

Chapter One: Transitional provisions

Article 83: The provisions of article 2 of this law do not apply to products and

services whose list will be fixed by regulation and whose price has been fixed in application of the law

n ° 008-71 on the regulation and control of prices and the conditions of holding and sale of

products and goods.

The regulation of the prices of the products and services referred to in the 1 st paragraph of this article may be

maintained for a transitional period of 5 years starting from the date of entry into force of

this law.

The methods of definitive withdrawal of the products and services from the list referred to in the 1 st paragraph of this article

during the transitional period referred to in the 2 nd paragraph of this article, will be fixed by way of

regulatory.

The decrees fixing, in application of the aforementioned law n ° 008-71, remain in effect as a transitional measure,

the prices of the products and services referred to in the first paragraph above until their repeal

In accordance with the regulations.

The conditions for fixing the prices of said products and services are set in accordance with the

current regulations.

17

Article 84: Breaches of the provisions of Titles VI and VII of this law and of the texts adopted

for their application concerning the products and services referred to in the first paragraph of Article 83 above

are ascertained by the agents of the body of price controllers.

The reports of infringements of the offenses are sent to the authority provided for in article 86 below.

provisions of Title VII of this law and of the texts adopted for its application and concerning the

products and services referred to in the first paragraph of Article 83 above.

The reports of infringements of the provisions of Title VI of the

this law and the texts adopted for its application and concerning the products and services referred to in

the previous paragraph.

Article 85: The minutes referred to in the 2 ° paragraph of Article 84 above shall be sent without delay to

the authority provided for in article 86 below.

Article 86: Violations of the provisions of Title VII of this law and of the texts taken for its

application may be the subject either of transactions, or of administrative sanctions, or of

legal sanctions.

The authority empowered to carry out transactions and pronounce the decisions will be established by regulation.

administrative penalties.

Article 87: Only the authority referred to in article 86 above has the right to compromise. The decision of

transaction is taken after advice from the head of the external service of the administration responsible for

merchandise, product or service concerned, a copy of this notice is attached to the file.

The right to compromise can no longer be exercised once the file has been transmitted by the authority referred to in

article 86 above to the competent court of first instance.

Article 88: The transaction passed without reservation extinguishes the action of the administration.

If installment payments have been accepted, partial releases of the blocking order provided for in

2 nd paragraph of article 63 above can only be issued as and when payments are made.

discharges made by the offender.

Article 89: The transaction must be recorded in writing in as many originals as there are parties having

separate interest.

Transaction acts are exempt from formality and registration fees.

Article 90: Administrative sanctions are pronounced by order of the authority provided for in article

86 above taken after advice from the head of the foreign service of the administration responsible for

merchandise, product or service concerned.

A copy of this notice is attached to the offender’s file.

Article 91: The administrative sanctions are:

1 – a warning by registered letter with acknowledgment of receipt;

2 – a fine which, without exceeding 100,000 dirhams, may reach twenty times the amount of

average weekly turnover of the offender, calculated on the basis of the last financial year, and at

which may be added, if applicable, the amount of sums unduly received during the

infringement, i.e. the difference between the price at which the product or service should have been sold and

the one to which it really was.

However, in the event of an infringement of the texts adopted for the application of article 58 above, the fine is

18

1,000 to 5,000 dirhams;

If underground storage, the penalties provided in paragraph 2 of the 1 st paragraph above

may, moreover, be accompanied by the confiscation of all or part of the stock.

Article 92: The authority provided for in article 86 above may order, if it deems it appropriate,

the posting or insertion in the newspapers it designates, of orders or extracts of order

ordering the confiscation of goods or products or imposing a financial penalty.

In the event of the removal, concealment, total or partial laceration of the posters affixed in

execution of this article, the offender is liable to the penalties provided for in article 325 of the code

criminal.

Article 93: Confiscated goods or products are made available to the administration

estates which proceeds to their alienation under the conditions set by the laws and regulations in

force.

Article 94: The decision imposing on the offender, as an administrative fine, the payment of

sums provided for in paragraph 2 of the first paragraph of article 91 above constitute a security

enforceable, except transaction under the conditions provided for by this law or referral to the

central commission referred to in article 96 below.

Article 95: There is no provision for suspension of administrative sanctions.

Article 96: An appeal is open, before a central commission, to the offender sanctioned by

application of paragraph 2 of the first subparagraph of Article 91 above of a fine comprising

payment, at the same time, of a sum calculated on the basis of its turnover and the sums

unduly perceived by him during the duration of the infringement.

The aforementioned central commission is made up of representatives of the administration and may add

in each case, in an advisory capacity, any qualified person.

The appeal is the subject of a request sent, by registered letter, to the chairman of the committee.

and must contain a statement of the grounds invoked by the offender in support of his conclusions.

It must be exercised within thirty (30) days of the notification imposing the payment.

a fine, as defined in the first paragraph of this article.

The central commission hears the offender or his representative and can either confirm or modify

the amount of the fine. It renders its decision within three months of its referral.

The decision is notified to the offender and to the authority provided for in article 86 above.

Article 97: In the absence of a transaction or administrative sanction, the authority provided for in Article 86 above

transmits the file to the competent public prosecutor for the judicial follow-up to be given.

Article 98: As soon as a conviction is pronounced, notice is given by the public prosecutor or the

Attorney General of the King to the authority provided for in article 86 above. As soon as the conviction is

irrevocable, an extract from the judgment or judgment is sent free of charge by the public prosecutor or the

Attorney General of the King to the authority provided for in article 86 above.

Chapter II: Miscellaneous provisions

Article 99: Consumer associations recognized as being of public utility may form

civil party or obtain compensation on the basis of a civil action independent of the damage suffered by the

consumers.

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Article 100: All the deadlines provided for by this law are clear deadlines.

Article 101: The following provisions are repealed:

– Law n ° 008-71 of 21 chaabane 1391 (12 October 1971) on the regulation and control of

prices and conditions of detention and sale of products and goods, as it was

amended and supplemented;

– Articles 289, 290 and 291 of the penal code.

However, the price texts remain in force for the application of the aforementioned law n ° 008-71, in the

insofar as they do not contradict the provisions of this law until their repeal.

Article 102: References to the provisions repealed by article 101, contained in the texts

laws or regulations in force apply to the corresponding provisions enacted by the

this law.

Article 103: This law will come into force after one year running from the date of its

publication in the Official Bulletin.

APPLICATION DECREE

seen by this law are clear deadlines.

Article 101: The following provisions are repealed:

– Law n ° 008-71 of 21 chaabane 1391 (12 October 1971) on the regulation and control of

prices and conditions of detention and sale of products and goods, as it was

amended and supplemented;

– Articles 289, 290 and 291 of the penal code.

However, the price texts remain in force for the application of the aforementioned law n ° 008-71, in the

insofar as they do not contradict the provisions of this law until their repeal.

Article 102: References to the provisions repealed by article 101, contained in the texts

laws or regulations in force apply to the corresponding provisions enacted by the

this law.

Article 103: This law will come into force after one year running from the date of its

publication in the Official Bulletin.

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