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Third-Degree Path-Dependences Of The Tunisian Competition Framework And The Regulatory Capture
[Dépendances Au Chemin De Troisième Degré Du Cadre Tunisien De La Concurrence Et Capture Réglementaire]

Author

Listed:
  • Safieddine Bouali

    (ISG - Institut Supérieur de Gestion de Tunis [Tunis] - Université de Tunis)

Abstract

The implementation process of the Tunisian institutional competition framework governing the changeover from a state-led economy to the liberal market-oriented system is investigated. To this end, we apply the path-dependence approach in order to detect possible inertias and/or deflections that could prevent the establishment of its main objective: ensuring a clear and standardized legal stability of the competition. On the one hand, contextualization and gradualism selected by the Tunisian authorities were the least severe arbitrations in terms of social penalty. On the other hand, such trade-offs introduced intrinsic limitations leading to market inefficiencies. After an in-depth analysis, we show that the Competition Court's lack of jurisdiction in complaints against public bodies and the bureaucratic authorizations for undertakings introduce extrinsic restrictions of such a framework. One could argue that both intrinsic and extrinsic constraints are incentives for regulatory capture threatening considerably the effectiveness of the Tunisian institutional competition framework.

Suggested Citation

  • Safieddine Bouali, 2020. "Third-Degree Path-Dependences Of The Tunisian Competition Framework And The Regulatory Capture [Dépendances Au Chemin De Troisième Degré Du Cadre Tunisien De La Concurrence Et Capture Réglementaire," Working Papers hal-02932853, HAL.
    • Handle: RePEc:hal:wpaper:hal-02932853
    Note: View the original document on HAL open archive server: https://hal.science/hal-02932853
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    References listed on IDEAS

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    JEL classification:

    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
    • L51 - Industrial Organization - - Regulation and Industrial Policy - - - Economics of Regulation
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

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