This meeting is a part of the institutional complementarity dynamics, which aims to achieve the correct and fair application of competition law. This workshop represents an opportunity for specialized judges to interact with their European counterparts and experts in competition law and economics within the World Bank Group and UNCTAD, in order to examine particular issues regarding procedural aspects, judicial control, investigation, and appeal, in addition to the defense system for non-competitive practices and economic concentrations.

During the opening session, the President Delegate of the Supreme Council of the Judicial Power, Mr. M’hammed Abdenabaoui, underlined that through its participation in the organization of these training sessions, the Council implements its strategic vision with respect to training the Kingdom’s judges. These sessions trace promising prospects for the generalization and unification of the application of competition law, given the role the judiciary plays in consolidating good governance, achieving judicial and economic security, and establishing the rule of law.

The President Delegate noted that 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 competences 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, as well as the Council’s competences, its decisive and consultative roles, and its expertise in market analysis.

For his part, Mr. Moulay El Hassan Daki, President of the Public Prosecution Office, considered the implementation of the constitutional principles which enshrine free and lawful competition does not only require the establishment of a developed and effective legal framework that aims to protect free initiative economic approach, establish good governance, regulate competition in markets, and monitor anti-competitive practices as well as economic concentrations and monopoly; but also requires judges to keep abreast of the progression of the elements that provide for a healthy competition environment and master the mechanisms necessary for the implementation of the appropriate measures to combat all forms of illegal and anti-competitive agreements.

He also affirmed that the Public Prosecution Office accorded the utmost importance to protecting markets from anti-competitive practices and ensuring transparency and fairness in economic relations, through the implementation of criminal policy. This is reflected in the circulars published by the Public Prosecution Office, particularly No. 4C/PPO, on January 24, 2020, encouraging public prosecutions at courts to apply the repressive provisions regarding business climate, namely those contained in Articles 68 to 90 of Law No. 104.12, on freedom of prices and competition.

For his part, Mr. Ahmed Rahhou, President of the Competition Council, insisted on the importance of these training sessions, as they aim to exchange and deepen expertise in a field with both legal and economic dimensions. These sessions, he noted, will undeniably contribute to the proper understanding and correct interpretation of legal texts on competition inside markets, as well as to the accumulation of experience, jurisprudence, and doctrine.

Moreover, Mr. Rahhou stressed that this initiative aligns with the spirit of the law. The latter aspires to consecrate the principles of the rule of law, guarantee transparency in the economic field, and protect the consumer, all of which are achieved through the fair application of competition law by virtue of the appealable decisions of the Competition Council, designed to regulate and moralize the market according to solid legal pillars and in-depth and rigorous economic analyses, while taking into account the overall approach of good economic governance, which guarantees the rights of economic operators and investors. Mr. Rahhou added that establishing a sturdy national jurisprudence promotes the strong application of competition law, hence, contributing to the creation of a climate of confidence, strong judicial confidence, and a modern economy.