Tunisia merger control
Produced in partnership with Kallel & Associates
Tunisia merger control

The following Competition practice note produced in partnership with Kallel & Associates provides comprehensive and up to date legal information covering:

  • Tunisia merger control
  • 1. Have there been any recent developments regarding the Tunisian merger control regime and are any updates/developments expected? Are there any other ‘hot’ merger control issues in Tunisia?
  • 2. Under Tunisian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the competition authorities?
  • More...

Tunisia merger control

A conversation with Sami Kallel, at partner Tunisian law firm Kallel & Associates, on key issues on merger control in Tunisia.

NOTE–to see whether notification thresholds in Tunisia and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Tunisian merger control regime and are any updates/developments expected? Are there any other ‘hot’ merger control issues in Tunisia?

In relation to recent development, the Law n° 2015-36 dated 15 September 2015, reorganising competition and prices repealed the provisions of law n° 91-64 dated 29 July 1991 on competition and prices with its amending and completing texts ('Law of 2015').

The key changes introduced in the Law of 2015 are as follows:

  1. the amendment of the thresholds for the triggering of notification

  2. the shortening of the notification period

  3. the strengthening of the role of the Competition Counsel, and

  4. the strengthening of sanctions for breaches of the law.

The following Governmental Decrees implementing the provisions of Law of 2015 have also been published:

  1. Governmental Decree n°2016-780 of 13 June 2016 setting up the threshold for the overall turnover from which concentrations are subject to prior authorisation

  2. Governmental Decree n°2016-1204 dated 18 October 2016 setting up the procedures for the submission of exemption applications and its duration pursuant to the Law of 2015

  3. Governmental Decree n°2017-252 dated 8 February 2017 setting up

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