2024-05-21 13:32:49
These agreements put an finish to the litigation procedures opened towards these firms and their skilled organizations which have been notified of this resolution on November 23, 2023, the Competitors Council introduced in a press launch.
Mentioned agreements additionally relate to the subscription of a set of behavioral commitments to which these firms in addition to their skilled group have subscribed to be able to enhance the aggressive functioning of the hydrocarbon market sooner or later, to forestall the dangers of hurt to competitors for the good thing about customers, specifies the press launch.
“Following the amendments made to the authorized framework governing competitors in Morocco, after the entry into power of Regulation No. 40-21 modifying and supplementing Regulation No. 104-12 regarding freedom of costs and competitors, and Regulation No. 41-21 amending and supplementing Regulation No. 20-13 regarding the Competitors Council and their respective implementing decrees, the Basic Rapporteur of the Council indicated, in his press launch dated June 2023, that the Council of competitors has determined to refer for investigation the file regarding potential anti-competitive practices within the hydrocarbon market, in accordance with the provisions of article 38 bis of the aforementioned legislation 104.12”, remembers the identical supply.
Thus, and following the investigative actions carried out by the competent providers of the Council, grievances have been notified to 9 firms working within the markets for the provision, storage and distribution of Diesel and Petrol in addition to to their skilled group, in accordance with the provisions of Article 29 of Regulation No. 104.12 talked about above. This notification of grievances was the topic of the Basic Rapporteur’s press launch dated August 2023.
Following which, the businesses involved and their skilled group wished to profit from the provisions offered for by the authorized framework talked about above, particularly the transactional process offered for in Article 37 of Regulation No. 104-12 as amended and supplemented.
In response, and in accordance with the provisions of this text (article 37), the Faculty of the Council examined and validated the requests to open discussions submitted by the businesses involved and their skilled group. To this finish, the Faculty of the Council has mandated the Basic Rapporteur to provoke formal discussions with every of the businesses involved and their skilled group, and to submit transaction proposals to them inside the limits set for it.
These discussions resulted within the signing of transaction minutes recording the settlement of those firms and their skilled group on the transaction proposals submitted to them.
Subsequently and in accordance with present laws, the Board met to rule on the transaction minutes submitted to it and determined, unanimously of its members, to validate the transaction agreements concluded.
As well as, the Competitors Council specifies that the commitments made inside the framework of this transactional process are compulsory and monitoring of their execution might be ensured by the Council’s providers.
They concern the institution of a contest legislation compliance program which is able to mirror the dedication of firms, expressed on the highest degree of their hierarchy, to respect competitors guidelines.
This program will notably embody a mapping of aggressive dangers inside these firms, efficient inside alert programs, in addition to the designation, by their governing our bodies, of an inside supervisor liable for implementing and monitoring this system. compliance.
As well as, and with a view to enabling the Council to observe the aggressive functioning of the markets involved, particularly with regard to the correlation between the general public promoting costs of Diesel and Petrol and the worldwide costs of those refined merchandise. , stated commitments present for the institution and sending of an in depth assertion permitting the monitoring of the provision, storage and distribution exercise of Diesel and Petrol by every firm.
This reporting, which might be unfold over a interval of three years with quarterly suggestions, will embody particularly the month-to-month purchases and gross sales on the stations made by every firm, in addition to their inventory ranges of Diesel and Petrol.
The businesses involved have additionally undertaken to vary their costs, as vital, relying on the evolution of provide and demand in the marketplace, and in line with the provision cycle, storage constraints, and the industrial coverage particular to every firm.
These firms may also be certain that their worth change system straight provides unbiased service stations of their community full latitude to vary public promoting costs at their degree, instantly, at any time and with out prior approval.
In the identical sense, the stated firms have undertaken to not hyperlink, in any method in any way, direct or oblique, the good thing about rebate or low cost applications or some other comparable program from which service stations might profit, to compliance with by the service station of the costs beneficial by them.
Moreover, and with a view to stopping the dangers of anti-competitive practices linked to the trade of delicate data, the commitments made present for the adoption and implementation of finest practices regarding the gathering, trade or sharing of this data, and significantly on the degree of the administration of frequent storage infrastructures, and joint provide operations of Diesel and Petrol. Pointers might be adopted and revealed by the Council to make sure that these actions are carried out in compliance with relevant competitors laws.
Lastly, and with the purpose of guaranteeing the efficient implementation of the aforementioned commitments, the Competitors Council will monitor them in accordance with the laws in power, and to this finish periodic analysis reviews might be communicated to it by the businesses involved. and their grouping.
2024-05-21 13:32:49