Competition Council: How to File Complaints 2026?

Imagine you are a small business owner in Casablanca, providing high-quality logistics services. Suddenly, you notice that three of your largest competitors have simultaneously raised their prices to an identical level, while also refusing to deal with any supplier who works with your firm. Or perhaps you are a consumer noticing that a major merger in the telecommunications sector has led to a sudden, unexplained drop in service quality and a spike in subscription fees. In the past, such market distortions might have felt like "just the way business works." However, in 2026, Morocco’s legal landscape provides a powerful shield against these practices: the Competition Council (Conseil de la Concurrence).

Understanding how to navigate the complexities of competition law and the complaints process is no longer just for high-priced corporate lawyers. Whether you are a business owner facing predatory pricing or a consumer group fighting a monopoly, knowing how to trigger an investigation under Law 104-12 is essential for protecting your economic interests. This guide will walk you through the entire ecosystem of the Moroccan Competition Council, providing a step-by-step roadmap to filing a complaint in 2026, ensuring your voice is heard in the halls of market regulation.

By the end of this article, you will understand the legal foundations of Moroccan market freedom, the specific documents required to launch a claim, and how recent legislative updates—including Law 40.21—have streamlined the process for a more digital and efficient judicial experience.

Legal Foundation: The Pillars of Market Freedom in Morocco

The Moroccan legal framework governing competition is built upon a sophisticated set of laws designed to ensure "freedom of prices and competition." This is not merely a theoretical concept but a constitutional principle reinforced by specific statutes.

The primary legislation governing this area is Law No. 104-12 on the Freedom of Prices and Competition. This law serves as the "penal code" of the marketplace, defining what constitutes an illegal practice. Complementing this is Law No. 20.13, which establishes the Competition Council as an independent constitutional institution with the power to investigate, adjudicate, and penalize.

To understand how to file a complaint, one must first look at the specific articles that define prohibited behavior:

• Article 6 of Law 104-12: This article prohibits concerted actions, agreements, or express or tacit understandings that have the object or effect of preventing, restricting, or distorting competition. This includes price-fixing, market sharing, and limiting production.
• Article 7 of Law 104-12: This focuses on the "abuse of a dominant position." It is not illegal to be big or successful in Morocco; however, it is illegal for a dominant company to use its power to eliminate competitors or exploit consumers (e.g., through tied sales or discriminatory conditions).
• Article 8 of Law 104-12: This prohibits the "abuse of economic dependence," where a company exploits a partner (supplier or buyer) who has no equivalent alternative.
• Article 14 of Law 104-12: This is critical for mergers and acquisitions. It mandates that the Competition Council must be informed of any "economic concentration" (mergers) that exceeds certain turnover thresholds.
• Article 28 of Law 104-12: This grants the President of the Competition Council the authority to request the administration to conduct any research deemed useful for an investigation.

In 2026, these laws are interpreted alongside Law No. 40.21, which recently amended Law 104-12 to provide more clarity on the Council's intervention powers and the rights of the parties involved. Furthermore, for those involved in government contracts, the Decree on the National Commission for Public Procurement (specifically Article 30) provides a parallel track for filing complaints regarding discriminatory terms in public tenders.

For a broader view of how these regulations fit into the corporate world, you may want to consult our Moroccan Commercial Law: Business Compliance Guide to ensure your own company remains on the right side of the law.

Practical Guide: Step-by-Step Procedure to File a Complaint

Filing a complaint with the Competition Council is a formal administrative and quasi-judicial process. It is not as simple as sending an email; it requires a structured dossier. In 2026, the Council has moved toward a "Digital First" approach, often utilizing the mahakim.ma guide 2026 principles for electronic evidence submission.

Step 1: Determine Eligibility (Locus Standi)

Under Moroccan law, not everyone can file a formal complaint that triggers a full investigation. According to the procedural rules, complaints can be submitted by:

1. Enterprises (Companies) who are victims of the practices.
2. Professional Organizations or Trade Unions.
3. Consumer Protection Associations recognized as being of public utility.
4. The Government (via the Government Delegate).
5. The Council itself (Self-referral/Ex-officio), as noted in Reference 1, where the Council can decide to open a file on its own initiative.

Step 2: Prepare the Documentation

Your complaint must be "reasoned" and "evidenced." You cannot simply allege a monopoly; you must prove it. Required documents include:

• The Formal Petition: A detailed written statement identifying the parties, the specific market involved, and the alleged violations of Articles 6, 7, or 8.
• Evidence of Harm: Financial statements, correspondence, contracts, or price lists that demonstrate the anti-competitive behavior.
• Proof of Legal Standing: For companies, a recent "Modèle J" (Commercial Registry extract); for associations, their official statutes.

Step 3: Submission Channels

In 2026, complaints can be submitted in three ways:

• Physical Filing: Directly at the headquarters of the Competition Council in Rabat.
• Registered Mail: Via "Poste Maroc" with acknowledgment of receipt.
• Electronic Filing: Through the Council’s secure portal. As per Article 31 of the Public Procurement Decree, electronic submissions must include a digital signature from an authorized representative.

Step 4: The Investigation Phase (Instruction)

Once the complaint is admissible, the General Rapporteur (Rapporteur Général) takes over. As specified in Article 28, the General Rapporteur appoints a "Rapporteur" to lead the investigation. This stage involves:

• Requests for Information (RFIs): The Council can demand any document from any party.
• Dawn Raids: With judicial authorization, investigators can enter business premises to seize evidence.
• Interim Measures: If the situation is urgent, Article 36 allows the Council to order immediate conservatory measures to prevent irreparable damage to the market while the investigation continues.

Step 5: The Decision and Penalties

After the investigation, the Council holds a hearing. If a violation is found, the Council can:

• Order the cessation of the practice.
• Impose financial penalties (which can reach up to 10% of the worldwide turnover of the offending company).
• Accept "Commitments" (Tعهدات) from the company to change its behavior, a process governed by Article 37.

Key Provisions Explained: Understanding Your Rights

To successfully navigate a competition dispute in 2026, you must understand the "mechanics" of the law. Moroccan competition law is designed to be both a sword for the victim and a shield for the accused, provided due process is followed.

The Power of Self-Referral (Saisine d'Office)

One of the most potent tools in the Council's arsenal is its ability to act without a formal complaint. Under the amended provisions of Law 104-12, the Council can monitor market trends and, if it spots anomalies (like sudden price hikes in the bread or fuel sectors), it can open an investigation "on its own initiative." This ensures that even if small businesses are too afraid to complain against a giant, the regulator can still intervene.

The Role of the Government Delegate

The "Government Delegate" (Commissaire du Gouvernement) sits on the Council. While they do not vote on the final decision, they represent the public interest and can request the Council to investigate specific sectors. This is particularly relevant in regulated sectors like banking. As noted in Reference 3, if a case involves a credit institution, the Council must consult Bank Al-Maghrib (the Central Bank) before making a decision, ensuring financial stability is not compromised by competition rulings.

Leniency and Settlement (Articles 37 and 40)

Morocco has introduced a "Leniency Program." If a company is part of a cartel (an illegal agreement) but is the first to come forward and provide evidence to the Council, it can receive a total or partial exemption from fines. Additionally, Article 37 allows for a "Settlement" (Conciliation). If a company does not contest the grievances, the General Rapporteur can propose a settlement with a reduced fine, saving time and legal costs for all parties.

Transparency and Deadlines

The 2026 legal environment emphasizes speed. For example, in merger control cases (Article 16), the Council generally has 60 days to make a decision. If they need more information, this "clock" can be stopped, but the law now requires clearly "reasoned decisions" (Décisions motivées) to be published, ensuring that the public understands why a merger was blocked or a fine was imposed.

For more on how these digital and procedural reforms affect the broader judicial system, see our guide on Judicial System Modernization in Morocco 2026.

Common Mistakes & How to Avoid Them

Filing a complaint is a high-stakes move. If done incorrectly, it can lead to the rejection of your case or even legal liability for "abusive litigation."

1. Lack of "Market Definition"

The most common mistake is failing to define the "Relevant Market." You cannot just say a company is "too big." You must define the product market (e.g., "the market for premium olive oil") and the geographic market (e.g., "the region of Souss-Massa"). Without this, the Council cannot calculate market shares or determine dominance.

2. Filing in the Wrong Forum

Many people confuse "Consumer Protection" with "Competition Law." If a shop refuses to give you a refund for a broken phone, that is a consumer protection issue, not a competition issue. You should refer to Consumer Protection Rights Under Moroccan Law for those cases. The Competition Council only deals with practices that affect the structure of the market or the process of competition.

3. Missing the Statute of Limitations

Under Law 104-12, the Council cannot look into practices that occurred more than five years ago if no investigative action was taken. Waiting too long to report a cartel can result in losing your right to a remedy.

4. Insufficient Evidence of "Effect"

Moroccan law often requires showing that the practice had an "object or effect" of restricting competition. Simply showing that a competitor is "mean" or "aggressive" is not enough. You must show that their actions prevent other companies from entering the market or lead to higher prices for consumers.

5. Ignoring Confidentiality

When you file a complaint, you may be submitting trade secrets. You must clearly mark which parts of your dossier are "Confidential" (Secret des affaires). If you fail to do this, your competitors might gain access to your business strategy during the "adversarial" phase of the proceedings.

Conclusion with Key Takeaways

The Moroccan Competition Council has evolved into a sophisticated regulator. In 2026, filing a complaint is no longer a shot in the dark but a structured legal procedure that requires precision, evidence, and a deep understanding of Law 104-12. By following the steps outlined above—from defining the market to leveraging the digital filing systems—businesses and consumer groups can effectively challenge unfair practices and contribute to a healthier Moroccan economy.

Whether you are dealing with a complex merger under Article 14 or a price-fixing cartel under Article 6, the key is preparation. The Council's power to impose fines of up to 10% of turnover ensures that even the largest multinational corporations must respect the rules of the game in the Kingdom.

• Law 104-12 and Law 20.13 are the primary legal texts governing competition and the Council's powers.
• Complaints must be "reasoned" and supported by concrete evidence of market distortion.
• The Council has the power of "Self-Referral," meaning it can investigate sectors even without a formal complaint.
• Interim measures can be requested under Article 36 to stop harmful practices immediately.
• Settlements and Leniency programs offer a way for companies to reduce penalties by cooperating with the regulator.

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