Distribution Exclusivity In Morocco: Key Legal Risks

Morocco's competition law specifically covers market segmentation created through distribution and dealership arrangements. In some jurisdictions, commercial agency legislation excludes registered distribution arrangements from antitrust scrutiny. Morocco has no such exclusion. It’s competition law fully applies to exclusive dealership agreements, creating a conflict between commercial law and competition law. A validly signed contract alone doesn’t resolve this conflict.

Under Morocco's Code de Commerce, dealership exclusivity is not automatic. The parties must expressly agree to it in writing. The Code de Commerce requires a commercial agent to obtain their principal’s authorization before representing a competing principal while under contract. This is a structural loyalty obligation that binds the agent rather than the principal. Beyond this, neither agents nor distributors benefit from any statutory default exclusivity. A principal may appoint multiple dealers for the same