In its latest report, the Competition Council evokes the ins and outs of a case submitted to it by the Union chamber of design and consultancy offices over a dispute with ECTI which is accused of conducting activities and providing services that break the Tunisian legislation on foreign operators activities in Tunisia as well as the provisions of the tax law and those of the Competition Act.
The petitioner argues that ECTI which includes 24 pensioners and seniors associations provides services that are detrimental to the fabric of design and consultancy offices especially to its durability and development.
An argument challenged by ECTI which made it clear that its activity in Tunisia is limited to 75 consultations of which 31 are made free of charge while Tunisia’s economic fabric is composed of 35 000 enterprises. In addition, says ECTI, the law on competition and pricing does not apply to it, being a non-profit association.
In its ruling, the court of the Competition Council, while stating that the claim is admissible in form, dismissed arguments advocated by the Union chamber and pointed out that ECTI activities in Tunisia do not constitute an infringement of competition law, in particular article5.
The court also argued that the activities of ECTI are so small that they are not likely to influence in any manner whatsoever the balance of design and consultancy market and the correct functioning of its mechanisms.
Therefore, the Union chamber claim was dismissed insofar that the complaint filed is not based on legal arguments besides the fact that ECTI operations and activities don’t break the Competition Act.
