This visit and seizure operation was carried out under authorization from the King’s Prosecutor in whose jurisdiction the searched places are located, and with the assistance of judicial police officers from the National Brigade of the Judicial Police designated for this purpose and this , in accordance with the provisions of article 72 of law 104-12 relating to freedom of prices and competition as it has been modified and supplemented, indicates a press release from the Competition Council.
And to specify that at this stage, the unannounced visit and seizure operation carried out does not prejudge the existence or not of the alleged practices or the guilt of the company concerned.
Indeed, only the deliberative bodies of the Competition Council can, after an investigation on the merits carried out in a contradictory manner while respecting the rights of defense of the parties concerned, rule on the merits of the practices in the event that the elements of the investigation and of instruction establish their existence.
For considerations linked to the preservation of the rights of defense of the visited company, the Competition Council will, for the moment, not make any comments either on the identity of the visited company or on the practices subject to the investigation. visit and seizure operation.
As a reminder and in application of the provisions of article 16 of law 20.13 relating to the Competition Council, the latter has instruction and investigation services which carry out the inquiries and investigations necessary for the application of the provisions of the law on freedom of prices and competition concerning anti-competitive practices and the control of economic concentration operations.
In this context, the operations of unannounced visits and seizures governed by the aforementioned article 72, constitute an investigative tool which makes it possible to collect in situ the elements of evidence and information necessary for the investigation of cases linked to anti-competitive practices or failure to notify economic merger operations to the Competition Council (Gun jumping).