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Dissertation
Immaterialgüter- und Wettbewerbsrecht

The Influence of EU Competition Law on the Moroccan Competition Law

This dissertation has two folds. By taking Morocco as case study, the thesis investigates, first, not only how EU competition law influences Moroccan competition law, but also the factors allowing such influence to take roots. Second, it critically assesses whether such influence is in line with the need of Morocco as a developing and Arabic country to have a competition policy suitable to its context.

Letzte Änderung: 01.09.15

With the widespread adoption of competition laws around the globe, the debate is increasingly focusing on the transferability of available competition law models, especially by comparing the US antitrust law and the EU competition law.

In this context, Arabic and developing countries intending to implement a sound competition regime naturally turn to one of the available models. Morocco does not derogate from this rule and relies on the European experience. It becomes therefore relevant to explore the whys and wherefores of this phenomenon.

In this sense, the dissertation discusses the presumption that the Moroccan competition law (new/ old act) originates from the European competition law model. The focus is on analysing in an initial stage the genesis of the process of influence as well as how the EU influence spread over both substantive provisions of Moroccan competition law and its implementation.

By carrying out this analysis the study will provide an understanding of how deep the influence is and at the same time have a substantive basis for the discussion concerning the questionable characters of such process. This is a central theme in the thesis which illustrates the need for developing countries to build an appropriate competition regime considering international influences only to the extent that they meet their needs. To this end, the thesis will look further into the issue relating to the suitability of the influence of the EU competition law. This means that before orienting the analysis toward the research of an alternative approach to competition law by Arabic countries such as Morocco, the dissertation will be investigating economic and sociopolitical characteristics relevant to the design and implementation of such legal discipline in those countries.

Our preliminary results reveal that, in the context of developing countries, the European model of competition is not completely inappropriate as proposed in our starting assumption. This is particularly true for substantive provisions which appear to be drafted in a broad way enabling borrowing regimes to implement them in different ways according to their needs and priorities. However, institutional weaknesses of developing countries call for a more cautious approach that takes into account their ability to implement borrowed provisions.

Personen

Doktorand/in

Amine Mansour

Doktorvater/-mutter

Prof. Dr. Daniel Mainguy

Forschungsschwerpunkte

Globale Wettbewerbsordnung