First “gun jumping” decision by the Moroccan Competition Council!

24/05/2022

05/05/2022

First “gun jumping” decision delivered by the Moroccan Competition Council! By decision of April 28, 2022, the Competition Council decided to impose a financial penalty of 11,670,215 dirhams (i.e. more than 1 million euros) on the Swiss company Sika AG for having carried out the economic concentration operation relating to the acquisition of the exclusive control of the French company Financière Dry Mix Solutions SAS without having proceeded to the prior notification of the operation and without having obtained the agreement of the Council. These companies are active in the Moroccan market for the manufacture and marketing of construction chemicals and mortars through their Moroccan subsidiaries Sika Maroc Sa and Sodap sa. It is therefore more important than ever to ensure the notifiable nature of a merger in Morocco according to the criteria laid down by the texts and the decision-making practice of the Competition Council.

Note on a decision of the Court of Cassation on the question of the seizability of documents related to a lawyer's consultation in the context of a competition investigation on the premises of a company.

In an interesting decision of 26 January 2022, the Court of Cassation (Cass. crim. 26-1-2022 n° 17-87.359 F-D) clarifies the question of the seizability of documents related to a lawyer's…

Public consultation on the draft guidelines for information exchange in the context of dual distribution

Antitrust, Distribution and Consumption
As a reminder, "dual distribution" refers to the scenario where a supplier sells goods or services not only, at the upstream level, through independent distributors, but also at the downstream…

“Egalim II” Law: What's new on logistics penalties between suppliers and distributors?

The “Egalim II” Law of October 18th, 2021 introduces several new provisions on logistics penalties into the French Commercial Code. These new provisions came into force on October 20th, 2021…