Morocco Competition Council Launches Surprise Inspections in Medical Device Import Sector

Casablanca – The Competition Council has carried out simultaneous surprise inspections and seizures at the premises of several operators active in Morocco’s medical devices import market, as part of an investigation into suspected anti-competitive practices within the sector.

According to a statement issued by the Rapporteur General of the Council, the operations took place on February 17 and were conducted by the Council’s investigative and inquiry services.

The visits were authorized by the Public Prosecutor and carried out with the assistance of officers from the National Brigade of the Judicial Police, in accordance with Article 72 of Law No. 104.12 on freedom of prices and competition, as amended.

The inspections targeted entities operating in the commercialization and importation of medical devices on the national market. The Council indicated that the measures were undertaken based on suspicions of practices that could infringe competition rules in a sector described as strategic and sensitive.

In its statement, the Council stressed that the launch of these visits and seizures does not prejudge the existence of anti-competitive conduct, nor does it establish the responsibility of the companies concerned.

The Council underlined that only the deliberative bodies of the institution are empowered to rule on the merits of the case, following a thorough investigation conducted under an adversarial procedure that guarantees the full rights of defense.

For reasons linked to the preservation of those rights, the Council said it would not disclose, at this stage, the identity of the companies visited or the precise nature of the suspected practices. No further details will be communicated until the investigative process has progressed.

The Council recalled that under Article 16 of Law No. 20.13 relating to the Competition Council, its investigative services are mandated to carry out inquiries necessary to ensure compliance with legislation governing price freedom and competition.

This includes detecting potential anti-competitive practices or unlawful agreements and overseeing economic concentration operations that may affect market functioning.

Surprise visits and seizures provided for under Article 72 are among the investigative tools available to the regulator to gather evidence directly from company premises. Investigators are authorized to access professional documents and relevant data within the legal framework.

The outcome of the ongoing technical and legal investigations will determine whether any breaches of competition rules have occurred in the medical devices import market.