The National Telecommunications Regulatory Agency (ANRT) is responsible for examining referrals and resolving disputes related to anti-competitive and economic concentration practices.
The Moroccan legislator vested the ANRT with the role of filing/resolving competition disputes and referrals for anti-competitive practices between operators.
Pursuant to Decree No. 2-05-772 on the proceedings implemented by the ANRT on litigation, anti-competitive and economic concentration practices, settlement procedures and inquiries/instructions differ depending on whether it is a litigation on competition or a referral for anticompetitive practice.
When processing disputes, the ANRT is based on the contradictory principle. It shall hear the parties in causes and gather information. Subsequently, the ANRT establishes a reasoned analysis and seeks conciliation with the parties to reach a mutual agreement resolution of the dispute. In case of failure of the conciliation process, the General Director of the ANRT presents on instruction report to the ANRT's management committee to settle the dispute.
For referrals related to anti-competitive practices, the General Director of the ANRT appoints a Rapporteur in charge of inquiry/instruction of the referrals and collecting all relevant information required in this issue. Once the rapporteur's report is completed, it is sent to the parties in litigation who have a one-month period to provide their comments. Thereafter, the General Director of the ANRT makes its decision.
The ANRT, through its arbitration method was able to resolve a number of disputes and referrals competition in accordance with the conditions laid down by the regulations.