Regulation of franchise in Tunisia 1- Absence of a specific legal framework 2- The gap filled by Law n° 91-64 of July 29, 1991 relating to competition and prices 3- The Tunisian Competition Council

Characteristics of “franchise contracts” in Tunisian practice 1. Some franchise statistics (2001): *On the trade agencies level: 792 *On the commercial representatives’ level: 1800 2. Are “franchise contracts” considered as distribution contracts? *Elements of the “franchise contract” *Franchise: a form of exclusive commercial representation? 3. “Franchise contracts” are twofold in practice: * The Purchase Agreement * The License Agreement. 4.“Franchise contracts” and neighbouring concepts *Franchise v. Dealership * Franchise v. selective distribution * Franchise v. authorized distribution

Conditions that the foreign franchisor shall respect A technical assistance agreement A license agreement The registration of the agreements

Damages in case of breach of contract * Application of the general principles of contracts law * The parties should look for a contractual balance

Other barriers to the implementation of franchise in Tunisia * The absence of a legal framework * Administrative delays * The economic barrier