Understanding the Role of the Moroccan Competition Council in Merger Control
The Moroccan Competition Council (MCC) has been steadily increasing its application of remedies to address competition-related issues arising from mergers and acquisitions within the country. Historically, the use of such remedies was relatively uncommon; however, recent developments indicate that the MCC is becoming more proactive in implementing both structural and behavioral commitments to resolve competition concerns. In June 2026 alone, the MCC imposed remedies on two notable transactions involving the acquisition of assets from Armas Trasmediterránea by the Baleària group, signaling a significant shift in how the council approaches merger control reviews.
The MCC's recent actions highlight an evolving regulatory environment in which compliance is not merely encouraged but enforced with substantial penalties for non-adherence. For instance, fines were imposed on parties involved in the Veolia/Suez transaction for failing to meet the conditions set forth by the MCC. This demonstrates a growing trend where the council actively monitors compliance and is willing to take punitive measures if necessary.
Recent Cases and Their Implications
The MCC's application of remedies spans various sectors, as evidenced by multiple transactions, including the acquisitions by Newrest of Sodexo Maroc and Sika of MBCC Group, among others. In each case, the remedies were tailored to address specific competition concerns, ranging from structural changes to behavioral commitments that ensure the separation of previously competing businesses. For instance, in the Sanlam/Allianz case, the MCC mandated that the companies maintain their independent operations to mitigate competition risks in the Moroccan insurance market.
Moreover, the MCC has implemented commitments that address vertical concerns, as seen in Heidelberg Materials’ acquisition of Cementos Asment, where the focus was on preventing discriminatory practices that could harm upstream competitors. This case illustrates the council's commitment to fostering a competitive market environment by preventing potential foreclosure risks that could arise from such mergers.
The recent conditional approvals in the maritime transport sector, particularly concerning Baleària's acquisition of Armas Trasmediterránea assets, further underscore the MCC's active role in enforcing compliance with merger conditions. These transactions were subject to rigorous scrutiny due to their implications for routes connecting Spain and Morocco, demonstrating the council's vigilance in safeguarding competitive practices within the market.
The Veolia/Suez case serves as a critical example of the MCC's enforcement capabilities and its stringent approach to compliance. This case marked the first instance where the MCC not only approved a merger with structural remedies but also took action against non-compliance, highlighting the importance of adhering to imposed commitments after clearance. The substantial settlement payment of MAD 100 million (approximately USD 10.5 million) and the subsequent measures taken to rectify the situation reflect the council's firm stance on ensuring companies uphold their commitments even after transactions are approved.
In conclusion, the increasing use of remedies by the MCC signifies a noteworthy shift in merger control practices in Morocco. Companies operating in or entering the Moroccan market must be cognizant of the potential for remedies when engaging in transactions that may raise competitive concerns. It is imperative for businesses to develop precise, actionable, and monitorable commitments for submission to the MCC to navigate this evolving landscape effectively. Moreover, the emphasis on ongoing compliance post-clearance reinforces the necessity for companies to align their operations with the conditions set forth by the MCC to avoid penalties and ensure long-term success in the competitive Moroccan market.
As reported by mondaq.com.
