رقابة القضاء الإداري على قرارات مجلس المنافسة

Abstract EN

The Moroccan law maker, as a logistic supporter, created a council for competition to protecting the fair competition and the streamline of its laws by giving it the authority; however, the regulation system it does, at the level of the economic focus procedures, cannot be legal and legitimate unless it is under the judicial oversight and the institutional legitimacy.

the law maker; however, stipulated quarrelling, to whoever has the interest in recourse to the administrative chamber in veto court, as the source of appeal in accordance to generic procedural rules, and exceptional in accordance to special procedures which are reflected particularly in the necessity of the submission of the appeal in a short term which should not exceed 30 days and which starts from the day of report, and putting it under all taken substantive decisions by the council vis-a-vi the economic focus procedures of the judicial oversights in front of the administrative chamber.

all of this promotes the judicial oversight and it provides an important role to it in the market system by countering all focus procedures which violates it despite of the many reservations on the lawmaker for his failure to resolve in the nature of oversight the previously mentioned chamber while the adjudication on the provided complaints against the competition council’s decisions.