Presentation of bills on anti-competitive practices
01/07/2022
On Friday, June 1, 2022, the Minister of Economy and Finance, Nadia Fettah, presented the draft law No. 40.21 amending and supplementing the law No. 104.12 on freedom of prices and competition, before the Finance and Economic Development Committee at the house of representatives.
The purpose of this project is to identify the procedures for the hearing sessions of the parties concerned and to draw up the minutes of these sessions, as well as to provide for the confidentiality of the deliberation sessions for cases relating to anti-competitive practices.
The procedures for notifying infringements and decisions are also examined, in addition to determining the time limits for the Competition Council to reach a decision following the discussion sessions.
The bill also aims to improve the effectiveness of the measures and protect the rights of the parties involved through the revision of the procedure of no objection to the reported grievances, as an alternative to the litigation procedure and the proposal of a settlement procedure, in which the general rapporteur sets the minimum and maximum amounts of the financial penalty imposed on offending companies.
The purpose of this bill is also to revise the framework relating to economic mergers through, in particular, the introduction of a simplified procedure for the notification of certain mergers, to revise the rule of the threshold set for the obligation to notify mergers for greater efficiency and this, by combining two conditions, namely, the threshold of the global turnover (TO) of all the parties involved in the said operation and the threshold of the TO realized on the national market by each party.
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