In recent years, the landscape of merger control across Africa has seen significant evolution, with new regulations and active enforcement shaping the way businesses operate within the continent. A notable example of this trend is the recent reform in Morocco's merger control system, which underscores the broader shifts occurring throughout Africa.
Morocco's recent reform of its merger control regulations has notably introduced revised notification thresholds and detailed merger control guidelines, resulting in new challenges and opportunities for businesses operating within the region. While the notification thresholds remain relatively low, the regulator also introduced an exemption when the Target has no link with Morocco as well as a consultation process. Overall, with this new set of rules and active enforcement, we’ve seen a significant increase in the number of notifications submitted to the Moroccan Competition Council.
Furthermore, merger control proceedings have significantly evolved with the introduction of simplified procedures for non-problematic cases as well as a possible fast track under certain conditions
The regulators are not only focused on examining notifications filed to it but also increasingly vigilant in identifying and investigating those transactions that have proceeded without prior notification. This proactive stance is reflective of a broader commitment to ensuring competition enforcement in the country.
With increased resources and a more robust framework, the authority is more actively enforcing compliance and addressing non-compliance. This means that businesses must be more diligent than ever in ensuring that their transactions are fully compliant with the new merger control rules to avoid potentially severe penalties.
At Gide, we understand the complexities and nuances of these regulatory changes and are committed to guiding our clients through this evolving landscape. Our expertise in merger control in Morocco as well as in Western Africa (at national and regional level) positions us uniquely to assist businesses in navigating the new requirements, ensuring compliance, and successfully managing their growth strategies. Whether in Morocco or elsewhere on the continent, Gide stands ready to support your business in meeting these regulatory challenges head-on.