The Government Council, meeting Thursday in Rabat, adopted draft decree n°2.23.273 modifying and supplementing decree n°2-14-652 of 8 safar 1436 (December 1, 2014) taken for the application of the law n° 104-12 on free pricing and competition, presented by the Minister of Economy and Finance, Nadia Fettah.
This project is part of the government’s action aimed at completing the legal arsenal relating to competition, in accordance with the High Guidelines of HM King Mohammed VI and in application of the recommendations of the Special Commission which was appointed by the Sovereign, indicated the Minister Delegate in charge of Relations with Parliament, government spokesperson, Mustapha Baitas, during a press briefing at the end of the Council.
These recommendations consist of giving the necessary precision to the current legal framework and strengthening the neutrality and capacities of the Competition Council, he added.
And to continue that the said draft decree also aims to adapt the provisions of decree n ° 2.14.652 with the modifications made by law n ° 40.21 modifying and supplementing law n ° 104-12 relating to freedom of prices and competition, which was published in the Official Bulletin (BO) of December 15, 2022.
According to the Minister, this draft includes provisions on the determination of turnover requiring the notification of the operation of economic concentration to the Competition Council in order to issue an authorization to carry them out.
It is also a question of setting the amount of the fee, instituted by virtue of article 13 of law n°104.12 as amended and supplemented, and which must be paid in return for the examination of the application for authorization economic concentration operations, with the determination of the procedures for filing notifications in a simplified manner, in accordance with the provisions of Article 12 of Law No. 104.12, as repealed and replaced by Law No. 40.21.
Under this project, underlines the minister, it was proceeded to the repeal or the reformulation of the articles which were deleted or the provisions of which were deleted or merged, in view of their legislative nature, in the law n ° 104.12 , in addition to adapting the means of notification provided for by Decree No. 2.14.652, with those provided for by Law No. 40.21.