The notion of economic enterprise in the case law of the Competition Council by Amine KNANI Attorney at law

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Through Law No. 91-64 of July 29, 1991 about competition and prices, the Tunisian legislator has determined the persons subject to the rules of free competition. More precisely, Article 1 provides that “the purpose of this law is … to establish for this purpose the obligations placed on producers, traders, service providers and other intermediaries.

It follows that Tunisian competition law does not apply only to traders. On the contrary, its scope is clearly wider than that of commercial law, which is often identified as the law of traders and commercial acts.

Article 1 seems to cover any form of production of goods and services, and so, dedicating a broad conception of competition law based on the notion of the enterprise.

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