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Please describe any new amendments or guidelines relating to the competition legislation in your jurisdiction that have been proposed or enacted.

Local counsel are informed that the Tunisian authorities have asked the European Union and the Organisation for Economic Cooperation and Development (“OECD”) to support a project that aims to identify and encourage procompetitive reforms in the country.

The project includes (i) a review of national competition laws and policy to help Tunisia improve its competition policy, in line with international standards and best practices; and (ii) a study of the competitive impact of laws and regulations in two key sectors of the economy, namely tourism and banking.

To the extent that there are any market inquiry provisions in your jurisdiction, has the competition authority initiated or are there any plans to initiate any market inquiries in relation to any sector/industry? If so, kindly indicate these sectors/industries.

Local counsel are informed that the Tunisian authorities intend to launch investigations concerning possible price increases and restrictions on the production of disposable gloves, hydro-alcoholic gels and certain essential products.

Has the competition authority publicly expressed concern in relation to any industry/sector? If so, kindly indicate these sectors/industries.

The competition authority, the Tunisian Competition Council (“TCC”), has expressed concerns in regard to the health sector, the banking sector and the telecommunications sector through the opening of certain investigations and decisions.

Has the competition authority identified any specific sectors as strategic or key sectors for purposes of competition law enforcement? If so, kindly indicate these sectors/industries.

The TCC has identified and suggested higher penalties for producers and retailers that practice excessive prices for basic goods and products related to health and hygiene.

Are dawn raids by the competition authority a high risk in your jurisdiction? Please provide as much information as possible about dawn raids conducted by the competition authority.

The dawn raids by the TCC have increased to investigate violation in the food and construction industry. The dawn raids are done on a weekly and continuous manner and many violations are detected.

The most notable dawn raid was made on 28 August 2021, in an iron warehouse, with a visit of the President of the Tunisian Republic on the premises to mediate the case and send a strong signal that the State will not tolerate those who want to control the process of market supply.

Has the competition authority introduced new regulations or measures related to competition enforcement in response to the COVID-19 pandemic?

Yes. The TCC advised on decree-laws relating to social and economic measures associated with the COVID-19 pandemic, whose objective was to repress monopolistic practices or acts of eviction and to control the prices of products that are in high demand.

The TCC also suggested, from the outset of the pandemic, that it would impose heavier penalties on producers and retailers who are found to be charging excessive prices for basic necessities and products related to health and hygiene.

Has the competition authority taken action against any entities for infringing competition legislation during the COVID-19 pandemic?

Cases have been brought by the government before the courts and local counsel are still waiting noteworthy decisions.

Has the competition authority been proactive in addressing pricing practices of firms through, for example, reaching settlement agreements with firms to cap prices of products / services since? If so, please provide details.

Yes. The TCC has been proactive in addressing pricing practices. The competition council has imposed a fine of more than TND 10,000,000 (approx. USD 3,500,000) to four professional unions and 22 private hospitals for agreeing to increase the prices of medical interventions related to heart operations.

Has the competition authority adopted any new regulations or measures that will apply to firms that are active in the digital market space? If so, please provide details.

As far as local counsel are aware, no. 

Has the competition authority identified industries / markets / sectors that it considers to be concentrated? If so, please provide details.

As far as local counsel are aware, no.