The investigation and inquiry services of the Competition Council conducted, last Tuesday, a surprise inspection and seizure operation at the premises of a company suspected of engaging in anti-competitive practices in the home delivery services market.
A statement from the Competition Council explained that the operation was carried out under the authorization of the territorially competent King’s Prosecutor, and with the assistance of judicial police officers from the National Judicial Police Brigade appointed for this purpose, in accordance with Article 72 of Law 104-12 relating to pricing freedom and competition as amended and supplemented.
The statement emphasized that this surprise operation does not, at this stage, constitute proof of the existence of suspected practices or guilt of the concerned company, explaining that only the deliberative bodies of the Competition Council are authorized to rule on the merits of these practices, following an in-depth investigation conducted in an adversarial manner while respecting the defense rights of the concerned parties.
To preserve the defense rights of the inspected company, the Council confirmed that it will not currently make any comments about the identity of the company or the nature of the practices subject to the inspection and seizure operation.
The statement recalled that pursuant to Article 16 of Law 20.13 relating to the Competition Council, the Council has investigation and inquiry services that conduct necessary research and investigations to apply the provisions of the law on pricing freedom and competition concerning anti-competitive practices and monitoring economic concentration operations.
The statement noted that surprise inspection and seizure operations, as framed by the aforementioned Article 72, constitute an investigative tool that enables the collection of evidence and necessary information for investigating files related to anti-competitive practices or failure to notify economic concentration operations to the Competition Council (Gun jumping).