This article offers a critical analysis of Moroccan law on restrictive competition practices, highlighting its insufficient adaptation to the economic and competitive developments of the distribution sector. The author shows that this regime, largely inherited from a system of administrative price control, remains grounded in a penal approach and per se prohibitions of certain practices, whereas comparative law—particularly French law—has evolved toward more flexible and economically oriented mechanisms. The study also emphasizes the confusion surrounding the objectives of certain prohibitions, which appear to be driven more by fiscal, sanitary, or economic police considerations than by the effective protection of competition, as confirmed by the practice of the Competition Council. In conclusion, the article calls for a comprehensive reform of the national framework, involving the decriminalization of several practices, the adoption of civil-law instruments focused on contractual balance and fairness in commercial relations, the specialization of enforcement mechanisms, and the integration of compliance tools, with a view to strengthening legal certainty, competitive efficiency, and the modernization of distribution in Morocco.
Maissae Bousaouf (Sun,) studied this question.
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