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



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.