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The lawyers of Boussayene Knani & Associés frequently contribute to publications in several legal journals specializing in Business Law.
In addition, members of the firm regularly host training seminars on current topics in Business Law and Arbitration, intended in particular for lawyers, businesses and management executives.
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November 2, 2016
Competition Council: Case No. 4164 of May 19, 2005 establishing the de minimis principle or the condition of sensitivity of the harm to competition
Article 5 of the law relating to competition and prices n°91-64 of July 29, 1991 requires that for the practice to be qualified as anti-competitive it is likely to prevent, restrict or distort the free play of the competition.
This article is not about just any impediment, restriction and falsehood, but about those that are likely to disrupt the market. Implicitly a certain scale is required otherwise there cannot be an impact on an entire market but rather on a few competitors.
The Competition Council has rarely endorsed this issue even in cases where it has been highlighted by lawyers. However, in case no. 4164 of May 19, 2005, the Council implemented the de minimis principle. He rejected the plaintiff’s request ruling that the impact of a call for tenders launched by the Cimenterie de Bizerte for the choice of a tax audit firm was not significant and could therefore not disrupt the free competition in the tax advice sector.