These inspection and seizure operations were conducted with the authorization of the Public Prosecutor and with the assistance of judicial police officers from the National Brigade of the Judicial Police (BNPJ), designated for this purpose, in accordance with the provisions of Article 72 of Law No. 104-12 on freedom of pricing and competition, as amended and supplemented, according to a statement from the Rapporteur General of the Competition Council.
At this stage, the surprise inspections and seizures carried out do not prejudge the existence of the alleged practices or the liability of the entities concerned. Only the deliberative bodies of the Competition Council may rule on the validity of the practices, following a full investigation conducted through an adversarial procedure and with full respect for the rights of defense of the parties concerned, should the elements gathered during the inquiry establish their existence.
For reasons related to preserving the rights of defense of the entities visited, the Competition Council stated that it will not comment for the time being on their identities or on the practices targeted by the inspection and seizure operations.
As a reminder, and in accordance with the provisions of Article 16 of Law No. 20-13 relating to the Competition Council, as amended and supplemented, the institution has investigation and inquiry services responsible for conducting the investigations and inquiries necessary for the application of the provisions governing freedom of pricing and competition, particularly regarding anti-competitive practices and the control of economic concentration operations.
Within this framework, the surprise inspection and seizure operations provided for under Article 72 constitute an investigative tool that allows authorities to gather, on site, the evidence and information required for the examination of cases related to anti-competitive practices or the failure to notify economic concentration operations to the Competition Council (gun jumping).
Editorial team/le7tv