In the Name of Allah, the Merciful, the Beneficent.

Ladies and Gentlemen;

The Supreme Council of the Judicial Power (CSPJ) is pleased to participate along with the Public Prosecution Office in organizing a series of training workshops on: “The Role of the Judicial Power in Enforcing Competition Law”.

I would like to seize this opportunity to express my deepest gratitude to Mr. Ahmed RAHHOU, President of the Competition Council, for his continuous and fruitful cooperation under the partnership established between the Supreme Council of the Judicial Power and the Competition Council, in order to implement and ensure the success of these initiatives, which reflect the willingness and desire of the two institutions to contribute to enhancing judges’ knowledge with regard to the applications of competition law and harness their skills to master this law’s techniques. In doing so, judges will manage to overcome the scientific problems they may encounter when applying its provisions. I would also like to extend my gratitude to Mr. Moulay El Hassan Daki, Prosecutor General of the King and President of the Public Prosecution Office, for ensuring the participation of Public Prosecution Judges in these training workshops that shall contribute to developing their abilities to Conduct judicial research and carry out public prosecutions.

We also believe that the contribution of European international experts to these training workshops is an opportunity for judges participating in them to learn from and be acquainted with comparative experiences, for the concept of competition has been a historic element in Europe’s edification since the 1950s.

The CSPJ affirms its strategic vision for judges’ training by participating in these training workshops. This vision paves the way for the unification and standardization of the application of competition law, given that the judiciary’s role consists in consecrating good governance, ensuring judicial and economic security, and establishing the principles of the rule of law. It was also underlined in the royal speech delivered by his Majesty the King, may God assist him, during the celebration of the Revolution of the King and the People on August 20, 2008, in Tetouan, where He said: “…as for the desirable objectives, we strive to boost confidence in an effective and fair justice, for it is the bedrock of the rule of law, the pillar of judicial security and good governance, and the stimulator of development. We also aim to improve justice to stay abreast of national and international shifts and respond to the demands of 21^st-century justice”.

Ladies and Gentlemen;

If the majority of free trade agreements between countries include provisions regulating competition, then each country seeks to regulate its respective competition policy. Indeed, this policy often remains sovereign.

As for our country, Chapter 35 of the Kingdom’s Constitution underlined the principle of free competition and entrusted the Competition Council, by virtue of Chapter 166, with the responsibility of regulating the competition process. Moreover, the competencies and composition of the Competition Council have been determined in Law No. 20.13 on the Competition Council, and anti-competitive practices have been determined in Law No. 104.12 on freedom of price and competition.

 In fact, Moroccan laws on competition include provisions that regulate the relationship between the judiciary and Competition Council, namely:

1. The possibility of appealing against decisions taken by the Competition Council before the relevant judicial authorities. Appeals against Council decisions on anti-competitive practices are brought before the Appeals Court of Rabat. Appeals against decisions on economic concentration are brought before the administrative chamber of the Court of Cassation;
2. The possibility of courts conferring with the Competition Council about anti-competitive practices argued in cases brought before them;
3. The possibility of conducting in situ investigations under the order of the President of the Competition Council and coordination and authorization of the relevant public prosecution.

If judicial practice does not indicate an accumulation in the field of the application of competition law, a fact that can be concluded from the scarcity of decisions rendered on the subject of appeals made against the decisions of the Competition Council, or from those regarding settling a conflict caused by parties impacted by anti-competitive practices, then the widespread application of competition law and the broadening of its notions for judges will produce well-versed judges capable of adjudicating these types of cases, as well as enhance their capacities in this field, given the specificity of competition cases and the nature of their conflicts, which tend more toward the economic field rather than the legal one. This is the purpose sought behind these training sessions, which programs have covered topics on the role of the judiciary in regulating the competition process, and the competencies of courts and the Competition Council. The topics will also focus on distinguishing between definitions such as coalitions, agreements, and abuse, as well as grasping anti-competitive practices, and means of proof of each practice. Attention will also be given to examining the investigation procedure, the procedure followed by the Competition Council to decide on cases brought before it, the competencies of the Council, its decisive and consultative roles, and its expertise in market analysis. To this end, I invite judges who benefited from this training to take part in it with their usual enthusiasm and resolute. I would like to thank the speakers, experts, and organizers for their active participation in this training, which, I hope, will be a success.

Wassalamu alaikum warahmatullah wabarakatuh