Sardines: The Competition Council investigates suspicions of price fixing


The Competition Council has decided, on the proposal of its interim general rapporteur, to take action automatically to open an investigation procedure in order to examine the competitive functioning of the sardine supply market.

“As part of monitoring the competitive functioning of national markets, preliminary investigations carried out by the competent services of the Competition Council have noted the possible existence of an agreement on prices concluded between certain economic operators in the supply market in sardines; This agreement is likely to distort free competition in the market concerned and harm the interests of consumers,” indicates a press release from the interim general rapporteur of the Competition Council.

To this end, and in accordance with the provisions of Article 4 of Law No. 20.13 relating to the Competition Council as amended and supplemented, the latter has, on the proposal of its interim general rapporteur, decided to take up office to open an investigation procedure in order to examine the competitive functioning of the market concerned, as well as the conformity of the above-mentioned practices with the provisions of Law No. 104-12 relating to freedom of prices and competition, informs the same source.

The press release recalls that article 6 of the aforementioned law 104-12 provides: “Are prohibited when they have the purpose or may have the effect of preventing, restricting or distorting the free play of competition on a market, concerted actions, conventions, understandings or coalitions express or tacit, in any form and for any reason whatsoever, in particular when they tend to: 1. limit access to the market or the free exercise of competition by other companies; 2. obstruct the formation of prices through the free play of the market by artificially promoting their rise or fall…”.

This automatic referral decision is part of the exercise by the Competition Council of its constitutional and legislative missions and powers aimed at regulating competition on the markets and protecting the interests of consumers, particularly in regarding basic necessities having a significant impact on their purchasing power, underlines the interim general rapporteur.

And to conclude: “It should be clarified that this decision of automatic referral is a procedural act whose purpose is the opening of the investigation concerning the aforementioned practices, and cannot prejudge the final decision of the Council to this subject “.

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