BOOKS: BOUAYAD Mohamed Hicham, Préface de Abdelali Benamor, publications de la Faculté de droit de Fès, 2015, 307 p.

La politique de la concurrence et la régulation sectorielle : interfaces juridiques et architecture institutionnelle

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Rapporteur at the Moroccan Competition Council, whose president signs the preface of the book, Mr. Bouayad gives us his thoughts on a subject that is increasingly nourished by the doctrine and with which practitioners are also confronted: the articulation between competition law and sectoral regulation systems, particularly in the context of recently liberalized network sectors (communications, energy, transport, etc.). The issue is all the more topical in Morocco, a country that enshrined "freedom of competition" in its Constitution in 2011, as the legislature has not clearly sought to distinguish the respective scopes of intervention of the Competition Council and sector regulators.

The first part of his work is then devoted to a comparison of the theoretical foundations and objectives pursued by these two branches of law. The author considers that while competition law is primarily concerned with the purely economic issues related to the competitive functioning of markets, the law of sectoral regulation certainly integrates but goes beyond this objective to also embrace a-competitive considerations (see in particular with regard to the financing of public service).

This difference in approach has an impact on the operational modalities of intervention by the competition and regulatory authorities. This is what Mr. Bouayad explores in the second part of his book. This is not without its problems, insofar as it can hinder, or even prevent, a real synergy between these bodies and create an asymmetry in institutional relations which, for the time being, is to the detriment of the Competition Council. However, the author believes that the legitimacy of the latter will be strengthened by the constitutional reform of 2011 and, in this context, he formulates some avenues for improvement of the system that he will undoubtedly be keen to defend within the institution to which he belongs.

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  • University of Paris I Panthéon-Sorbonne


Stéphane Rodrigues, La politique de la concurrence et la régulation sectorielle : interfaces juridiques et architecture institutionnelle, May 2015, Concurrences N° 2-2015, Art. N° 72559, p. 234

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