Tunisia (May 10, 1999)
From AntitrustWorldWiki
Score = 14
Governed by: Loi n° 91-64 du 29 julliet 1991 relative a la concurrence et aux prix, telle que modifiee et complete par la loi n° 93-83 du 26 julliet 1993 la loi n° 95-42 du 24 avril 1995 et la loi n° 99/41 du 10 mai 1999 (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 34 allows the Commission to apply fines for certain violations. |
| Prison Sentences | 1 | Article 36 allows imprisonment for certain violations. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 8 requires notification of a merger. | |
| Pre-merger | 0 | ||
| Post-merger | 1 | Article 8 requires notification to occur within 15 days of the conclusion of the agreement to merge. | |
| Merger Assessment | Dominance | 1 | Article 7 says that mergers that would have the result of creating a dominant position need to be explored by the Minister. |
| Restriction of Competition | 0 | ||
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Article 9a says that a merger that contributes to technical or economic progress can be allowed in certain cases. | |
| Dominance | Limits Access | 1 | Article 5 prohibits a dominant firm from refusing to sell. |
| Abusive Acts | 1 | Article 5 prohibits some abusive acts by dominant undertakings. | |
| Price Setting | 0 | ||
| Discriminatory Pricing | 1 | Article 5 prohibits discriminatory pricing by dominant undertakings. | |
| Resale Price Maintenance | 1 | Article 5 prohibits resale price maintenance by dominant undertakings. | |
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 1 | Article 6 gives a defense to the Article 5 prohibitions for agreements that are good for economic and technological progress. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 5(1) prohibits price fixing. |
| Tying | 0 | ||
| Market Division | 1 | Article 5(4) prohibits partitioning the market. | |
| Output Restraint | 1 | Article 5(3) prohibits output restraint. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | Article 5(2) prohibits limiting access to the market by competitors. | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 6 gives a defense to the Article 5 prohibitions for agreements that are good for economic and technological progress. |
References
- ↑ Global Competition Forum website, http://www.globalcompetitionforum.org/regions/africa/Tunisia/Loi%2091-64.pdf (own translation).
