The House of Councillors unanimously adopted, during a legislative session held yesterday, Tuesday, Bill No. 41.21 amending and supplementing Law No. 20.13 relating to the Competition Council.
The House of Representatives had also unanimously adopted this legislative text at the close of the second legislative session of the 2021-2022 legislative year.
The Minister of Economy and Finance, Nadia Fettah Alaoui, affirmed in an introductory speech that the amendments introduced to Law No. 20.13 come in implementation of the High Directives addressed by His Majesty King Mohammed VI to the Head of Government. These aim to bring the necessary precision to the legal framework relating to the Competition Council and to consolidate its status as an independent constitutional institution, contributing in particular to the enshrinement of good governance.
Mrs. Fettah Alaoui highlighted that these amendments aim to clarify the prerogatives of the Council’s President and its various decision-making bodies to avoid any disputes over overlapping jurisdictions and prevent appeals regarding them. They also authorize the Council’s internal statute to distribute competencies among its various decision-making bodies, as defined in Law No. 104.12 on Freedom of Prices and Competition and the aforementioned Law No. 20.13, and to regulate the provisions concerning the legal quorum for deliberations within the decision-making bodies.
The amendments also seek, the Minister added, to stipulate the confidentiality of the deliberations of the decision-making bodies, restricting attendance solely to the concerned Council members. They emphasize the Council members' commitment to the confidentiality of deliberations and meetings, linking any breach to criminal liability in accordance with the provisions of Article 446 of the Penal Code. Furthermore, they grant the Council’s President the authority to monitor conflicts of interest in cases deliberated within the Council, establish a procedure for the recusal of members and rapporteurs, and enact provisions ensuring the continuity of outgoing Council members until their successors are appointed.
These amendments also consist of empowering the Council to issue guidelines relating specifically to the modalities of exercising the adversarial principle, negotiation procedures, and the determination of financial penalties decided by the said Council. Additionally, they entail the creation of a body of rapporteurs at the Competition Council, defining their duties, recruitment conditions, remuneration, and promotion within the special statute for the Council’s staff.