This Law determines legal and organizational bases for counteraction to monopolistic activities and promotion of competition and unfair competition and is aimed at ensuring conditions for the development of competition, creation and effective functioning of product markets.

Article 1. Main terms used in this Law and their definitions

For the purposes of the present Law, the following main terms and their definitions are used:

vertical agreement - an agreement between economic entities, one of which acquires a commodity or intends to acquire it, and the other provides the commodity or is its potential seller;

interchangeable (similar) commodities - commodities that can be comparable in their functional purpose, application, quality and technical characteristics, price (tariff) and other parameters in such a way that the consumer replaces or is ready to replace one product with another when consuming, including consumption for industrial purposes;

state bodies – the National Bank, the Administration of Affairs of the President of the Republic of Belarus, the National Academy of Sciences of Belarus, other state bodies and state organizations subordinated (accountable) to the President of the Republic of Belarus, the Administration of the President of the Republic of Belarus, republican bodies of state administration and other state organizations subordinated to the Council of Ministers of the Republic of Belarus, local executive and administrative bodies, other organization exercising the functions of the said bodies, as well as temporary or permanent interdepartmental formations consisting of representatives of state bodies, which are given certain state-power authority;

discriminatory conditions - conditions of access to a commodity market, as well as conditions for the manufacture (production), exchange, consumption, acquisition, sale, other transfer of commodity, in which an economic entity or several economic entities are placed in an unequal position compared to another economic entity or other economic entities taking into account the conditions, restrictions and specific features established by international treaties of the Republic of Belarus;

procurement of commodities - the acquisition of commodities on a competitive basis, in which two or more participants take or can take part, including the acquisition of commodities in public procurement (with the exception of the procurement procedure from one source), procurement at one’s own expense (except for the procurement procedure from one source), procurement during construction;

competitors – economic entities carrying out entrepreneurial activity on the same commodity market;

competition – competitiveness of economic entities under which independent actions of each of them exclude or restrict a possibility to influence unilaterally common conditions of circulation of commodities in a respective commodity market;

monopolistic activity – abuse by an economic entity, a group of persons of the dominant position, conclusion of agreements or execution of concerted actions, as well as the commission of other actions (inaction) aimed at preventing, restricting or eliminating competition and prohibited by this Law and other acts of anti-monopoly legislation;

unfair competition – actions of an economic entity or several economic entities aimed at obtaining advantages (benefits) in entrepreneurial activity, contradicting this Law, other acts of anti-monopoly legislation or requirements of good faith and reasonableness and can cause or have caused losses to other competitors or damage to their business reputation;

consumer – a natural or legal person that intends to order or acquire a commodity or is ordering, acquiring and/or using a commodity if in the latter case the commodity, including a component of another commodity, is the subject matter of civil-law transactions made or being made;

seller – an economic entity alienating a commodity or having intention to carry out its alienation;

agreement - an understanding in writing or in electronic form contained in a document or several documents, as well as an understanding in oral form;

commodity – all kinds of objects of civil rights, including works, services, including financial services, intended for sale, exchange or another introduction into the civil circulation;

commodity market – sphere of circulation of a commodity having no substitutes or interchangeable (analogous) commodities on the territory of the Republic of Belarus or its part, being determined on the basis of economic, technical and other possibility of the consumer or expediency of acquisition of the commodity in a respective territory or absence of that possibility or expediency outside its limits;

economic entity – a commercial organization, non-commercial organization carrying out an income-bearing activity, individual entrepreneur as well as another natural person not registered as an individual entrepreneur by carrying out professional income-bearing activity that in accordance with the legislation is subject to licensing;

price (tariff) – monetary expression of the value of a commodity unit, including any markups (discounts, surcharges), extra charges, and also rent, remuneration;

economic concentration – transactions with shares (stakes in the statutory fund), property of commercial organizations, rights in respect of commercial organizations, other actions, including creation and reorganizations of economic entities – legal persons, the implementation of which has or can have an impact on the state of competition.

Article 2. Anti-monopoly legislation

1. Anti-monopoly legislation of the Republic of Belarus is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of legislation.

2. If a treaty of the Republic of Belarus establishes other rules than those contained in the present Law, the rules of the treaty are applied.

Article 3. Scope of application of this Law

1. The norms of this Law are applied to relations connected with protection and development of the competition, including with prevention and suppression of the monopolistic activity and unfair competition in which participated legal persons of the Republic of Belarus, foreign and international legal persons (organizations not being legal persons), state bodies, their officials, and also natural persons, including individual entrepreneurs.

2. The norms of this Law apply to relations in the commodity markets, where the commodities are objects with restricted circulation, unless otherwise provided by legislative acts.

3.1 performance by economic entities, officials of economic entities – legal persons, state bodies, their officials, legal persons not referred to economic entities, their officials, natural persons not referred to economic entities of actions (omission) outside the territory of the Republic of Belarus, which lead or may lead to prevention, restriction or elimination of competition on commodity markets of the Republic of Belarus;

3.2. performance outside the Republic of Belarus of actions determined by this Law as economic concentration in relation to economic entities registered in the territory of the Republic of Belarus.

4. Norms of this Law are applied to natural monopoly subjects with regard to peculiarities provided by the legislation on natural monopolies.

Norms of this Law are applied in full to an entity of state natural monopoly subject, unless otherwise established by the President of the Republic of Belarus.

State monopoly in part two of this clause is understood as a system of public relations in which the state in the person of individual state bodies or economic entities specially authorized by legislative acts has the exclusive right to carry out certain types of activities, including entrepreneurial one.

5. Norms of this Law apply to relations arising in connection with public procurement in the Republic of Belarus in case of violation of anti-monopoly requirements for the procurement of commodities established by the norms of this Law.

6. Norms of this Law do not apply to relations regulated by the general rules of competition in cross-border markets, the control over compliance with which is within the competence of the Eurasian Economic Commission in accordance with an international treaty of the Republic of Belarus. Criteria for classifying a market as a cross-border one are established in accordance with the international treaty of the Republic of Belarus.

Article 4. Subjects of state policy in the sphere of counteraction to monopolistic activities and promotion of competition

1. The state policy in the sphere of counteraction to monopolistic activities and promotion of competition is determined by the President of the Republic of Belarus.

2. The Council of Ministers of the Republic of Belarus shall ensure the implementation of state policy in the sphere of counteraction to monopolistic activities and promotion of competition.

3. The authorized republican body of state administration in the sphere of counteraction to monopolistic activities and promotion of competition (hereinafter – anti-monopoly authority) shall conduct state policy in the sphere of counteraction to monopolistic activities and promotion of competition.

4. Other state bodies shall, within their competence, contribute to the implementation of state policy in the sphere of counteraction to monopolistic activities and promotion of competition.

Article 5. Main principles of state policy in the sphere of counteraction to monopolistic activities and promotion of competition

The state policy in the sphere of counteraction to monopolistic activities and promotion of competition is based on the following principles:

application of anti-monopoly legislation equally and on equal terms regardless of the form of ownership, organizational and legal form and place of registration of legal persons, citizenship, place of residence (place of stay), material and official status of natural persons and other circumstances (the principle of equality in the application of norms of the the anti-monopoly legislation);

prohibition of acts and actions (omission) of state bodies and their officials, not allowing, restricting or eliminating competition (the principle of the inadmissibility of anticompetitive actions (omission) of state bodies);

maintenance of an effective control over compliance with anti-monopoly legislation, including over transactions, other actions recognized as economic concentration, to the extent necessary for the protection and development of competition (the principle of ensuring effective control over economic concentration);

existence of effective sanctions for committing actions (omission) not allowing, restricting or eliminating competition, to be applied on the basis of proportionality, enforceability, inevitability and certainty of decisions being adopted, and ensuring control over their application (the principle of the effectiveness of sanctions for committing anti-competitive actions (omission));

maintenance of information transparency of the state policy pursued by the anti-monopoly authority in the sphere of counteraction to monopolistic activities and promotion of competition, including by placing information about its activities in the media, on its official site in the global computer network Internet (the principle of information transparency);

interaction of the anti-monopoly body with other state bodies authorized by bodies of foreign states to the extent that is necessary to conduct an effective state policy in the sphere of counteraction to monopolistic activities and promotion of competition (principle of effective cooperation).

Article 6. Dominant position

1. Dominant position – exclusive position of an economic entity or several economic entities on the commodity market, giving to that economic entity or those economic entities a possibility to have decisive influence on general conditions of the circulation of a commodity on the respective commodity market, and/or to eliminate other economic entities from this commodity market, and/or hinder access to this commodity market for other economic entities, and/or exit from the commodity market.

2. Dominant position of an economic entity is recognized as such when its share on the commodity market is thirty-five or more percent, or less than thirty-five percent, if the dominant position of such economic entity is established by the anti-monopoly authority based on the possibility of the economic entity to unilaterally determine the level of prices (tariffs) and have a decisive influence on the general conditions of circulation of a commodity on the respective commodity market, availability of economic, technological, administrative or other restrictions for access to the commodity market and/or exit from the commodity market, period of existence of the possibility of an economic entity to have a decisive influence on the general conditions of the circulation of a commodity on the commodity market, with the exception of the case specified in clause 4 of this Article.

3. Each of several economic entities is recognized as having dominant position, with the exception of the case specified in clause 4 of this Article, if all of the following conditions are met:

3.1. the total share of not more than three economic entities the share of each of them is more than the shares of other economic entities on the respective commodity market exceeds fifty percent or the total share of not more than five economic entities the share of each of which is more than shares of other economic entities on the respective commodity market exceeds seventy-five percent;

3.2. for a period of at least one year or, if such period is less than one year, for the period of existence of the commodity market, the shares of economic entities are unchanged or are subject to insignificant changes, and also access of new competitors to the respective commodity market is difficult.

4. The position of an economic entity may not be recognized as dominant when its share on the commodity market does not exceed fifteen percent, with the exception of the case provided by clause 5 of this Article.

5. The position of a natural monopoly entity on the commodity market being in the state of natural monopoly is recognized as dominant.

6. The fact of establishing a dominant position of an economic entity entails its inclusion in the State Register of economic entities having dominant position on commodity markets.

Inclusion of an economic entity in the State Register of economic entities having dominant position on commodity markets is not a necessary condition for recognizing it as an entity having dominant position.

Economic entities rendering services in the conditions of natural monopolies are subject to inclusion in the State Register of Natural Monopolies Entities in the order established by the legislation on natural monopolies.

Economic entities included in the State Register of Natural Monopolies Entities are not subject to inclusion in the State Register of economic entities having dominant position on commodity markets with respect to a similar commodity heading.

7. In order to prevent and suppress the fact of abuse by an economic entity of the dominant position in the event of its detection within the framework of monitoring of the compliance with the anti-monopoly legislation, the anti-monopoly authority shall monitor the volume of manufacture (production), the level of prices (tariffs) and other indicators of the activity of such an economic entity.

8. The grounds for exclusion of an economic entity from the State Register of economic entities having dominant position on commodity markets are the loss of its dominant position, liquidation (termination of activity) of the economic entity.

Upon reorganization of an economic entity – legal person included in the State Register of economic entities having dominant position on commodity markets, or the State Register of natural monopolies entity - a legal entity in the form of merger, transformation, the newly created legal person is subject to inclusion in the relevant state registers, upon reorganization in the form of affiliation – the organization-successor when carrying out activities in the respective commodity market.

Article 7. Signs of the restriction of competition

Signs of restriction of competition are reduction in the number of economic entities that are not included in one group of persons in the commodity market, increase or decrease in the price (tariff) not related to corresponding changes in other general conditions for the circulation of a commodity in the commodity market, refusal of economic entities not included in one a group of persons, from independent actions on the commodity market, determination of the general conditions for the circulation of a commodity on the commodity market by agreement between economic entities or in accordance with instructions of another person binding for them or as a result of coordination by economic entities that not included in one group of persons of their actions on the commodity market, other circumstances that create the possibility for an economic entity or several economic entities to unilaterally influence the general conditions for the circulation of a commodity on the commodity market.

Article 8. Group of persons

1. Group of persons - a set of natural and/or legal persons corresponding to one or more of the following features:

1.1. an economic company and a natural or legal person, if such a natural or legal person, by virtue of its participation in that economic company or in accordance with the powers received from other persons, including on the basis of an agreement, has more than fifty percent of the total number of votes falling on voting shares (stakes in the statutory fund) of that economic company;

1.2. economic entity - a legal person and a natural or legal person, if such a natural or legal person carries out the functions of the sole executive body of that economic entity – legal person;

1.3. economic entity – legal person and a natural or legal person, if such a natural or legal person on the basis of the constituent documents of that economic entity – legal person or an agreement concluded with that economic person – legal person is entitled to give binding instructions to that economic entity – legal person;

1.4. business entities legal persons in which more than fifty percent of the quantitative composition of the collegial executive body and/or the board of directors (supervisory board) are the same natural persons;

1.5. business entities – legal persons in which the same persons hold in aggregate more than fifty percent of the total number of votes falling on voting shares (stakes in the statutory fund);

1.6. natural person, his spouse, parents, adoptive parents tutors, guardians, full-age children, children emancipated or married before the age of eighteen years, adopted children, grandparents, brothers and sisters;

1.7. persons, each of which, for any of the signs specified in sub-clauses 1.1–1.6 of this clause, is included in a group with the same person, as well as other persons who are included with any of such persons in a group according to any of the signs specified in sub-clauses 1.1–1.6 of this clause;

1.8. an economic company, natural and/or legal persons that, according to any of the signs specified in sub-clauses 1.1–1.7 of this paragraph, are included in the same group of persons if such persons, by virtue of their joint participation in that economic company or in accordance with powers received from other persons have in aggregate more than fifty percent of the total number of votes falling on voting shares (stakes in the statutory fund) of that economic company.

2. For the purposes of this Law, a group of persons is considered as a single economic entity. Norms of this Law relating to economic entities apply equally to a group of persons.

The prohibitions on actions (omission) established by the anti-monopoly legislation on the commodity market of an economic entity apply to the actions (omission) of a group of persons and economic entities included in that group of persons, unless otherwise established by legislative acts.

Article 9. Monopolistically high price (tariff)

1. Monopolistically high price (tariff) is the price (tariff) established by an economic entity that holds a dominant position if that price (tariff) exceeds the sum of expenses and profit necessary for the manufacture (production) and/or realization of the commodity, and also exceeds the price (tariff), which was formed in the conditions of competition on the commodity market comparable in composition of sellers or consumers of the commodity, conditions for the circulation of the commodity on the commodity market, conditions for access to the commodity market, state regulation, including taxation and customs-and-tariff regulation (hereinafter - comparable commodity market), in the presence of such a market in the territory of the Republic of Belarus and outside its limits, including the price (tariff) established:

1.1. by increasing the previously established price (tariff), if the following conditions are met in aggregate:

expenses necessary for the manufacture (production) and/or realization of the commodity have remained unchanged or their change does not correspond to the change in price (tariff);

conditions for the circulation of the commodity on the commodity market, including those resulting from the state regulation measures, including taxation and customs-and-tariff regulation, regulation of prices (tariffs), have remained unchanged or their change is disproportionate to the change in price (tariff);

1.2. by maintaining or not lowering the previously established price (tariff), if the following conditions are met in aggregate:

expenses necessary for the manufacture (production) and/or realization of the commodity have significantly decreased;

composition of sellers or consumers of the commodity determines the possibility of changing the price (tariff) in the direction of reduction;

conditions for the circulation of the commodity on the commodity market, including those resulting from the state regulation measures, including taxation and customs-and-tariff regulation, regulation of prices (tariffs), ensure the possibility to change the price (tariff) in the direction of reduction or do not obstruct such a possibility;

2. Subject to the conditions specified in clause1 of Article 22 of this Law, the price (tariff) of the commodity in which an invention protected in the territory of the Republic of Belarus is applied, as well as the commodity manufactured (produced) directly by a method protected by the patent of the Republic of Belarus for the invention, during the validity period of the corresponding patent.

3. The tariff of a commodity is not recognized as monopolistically high if it is established by the natural monopoly entity within the tariff for such a commodity established in accordance with the legislation.

4. Legislative acts may establish other cases when the price (tariff) is not recognized as monopolistically high.

Article 10. Monopolistically low price (tariff)

1. Monopolistically low price (tariff) is the price (tariff) established by an economic entity that holds a dominant position if that price (tariff) is lower than the sum of expenses and profit necessary for the manufacture (production) and/or realization of the commodity, and also is lower than the price (tariff), which was formed in the conditions of competition on the comparable commodity market, in the presence of such a market in the territory of the Republic of Belarus and outside its limits, including the price (tariff) established:

1.1. by decreasing the previously established price (tariff), if the following conditions are met in aggregate:

expenses necessary for the manufacture (production) and/or realization of the commodity have remained unchanged or their change does not correspond to the change in price (tariff);

composition of sellers or consumers of the commodity remains unchanged or the change of the composition of sellers or consumers of the commodity is insignificant;

1.2. by maintaining or not increasing the previously established price (tariff), if the following conditions are met in aggregate:

expenses necessary for the manufacture (production) and/or realization of the commodity have been significantly increased;

composition of sellers or consumers of the commodity determines the possibility of changing the price (tariff) in the direction of increase;

conditions for the circulation of the commodity on the commodity market, including those resulting from the state regulation measures, including taxation and customs-and-tariff regulation, regulation of prices (tariffs), ensure the possibility to change the price (tariff) in the direction of increase or do not obstruct such a possibility;

2. The price (tariff) is not recognized as monopolistically low in the event if:

2.1. the tariff is established by the natural monopoly entity within the tariff for such a commodity established in accordance with the legislation;

2.2. establishing a price (tariff) by the seller did not or cannot lead to restriction of competition in connection with a reduction in the number of economic entities that are not included in one group of persons with the sellers or consumers on the corresponding product market.

Article 11. Monopsonistic position and monopsonistically low price (tariff), its signs

1. A monopsonistic position is recognized a dominant position of an economic entity or several economic entities on the market for a particular commodity on which such an economic entity or several such economic entities carry out acquisition of the commodity.

2. A monopsonisitcally low price (tariff) is the price (tariff) established by an economic entity occupying a monopsonistic position if:

2.1. such a price (tariff) allows an economic entity occupying a monopsonistic position to receive additional income by reducing the costs for manufacturing (production) and/or realization of the commodity;

2.2. such price (tariff) is lower than the sum of expenses and profit necessary for the economic entity carrying out manufacturing (production) and/or realization of the commodity, for its manufacture (production) and/or realization, and also lower than the price (tariff) which was formed in the conditions of competition on a comparable commodity market, in the presence of such a market in the territory of the Republic of Belarus.

Article 12. Coordinated actions of economic entities

Coordinated actions of economic entities are actions of economic entities on a commodity market, if the following conditions are met in aggregate:

the result of such actions corresponds to the interests of each of those economic entities;

actions are known in advance to each of the economic entities participating therein, including in connection with a public statement by one of them on the commission of such actions;

actions of each of those economic entities are caused by the actions of other economic entities and are not a consequence of circumstances that equally affect all economic entities on the relevant commodity market. Such circumstances, in particular, may be a change in regulated prices (tariffs), prices of raw materials and materials used for the manufacture (production) of the commodity, prices (tariffs) on world commodity markets, a significant change in demand for the commodity for at least one year or if such a period is less than one year, during the life of the relevant commodity market.

Article 13. Main functions of anti-monopoly body

exercises control over the observance of anti-monopoly legislation by economic entities, officials of economic entities – legal persons, state bodies, their officials, legal persons not referred to economic entities, their officials, natural persons not referred to economic entities;

detects violations of the anti-monopoly legislation, take measures to counteract monopolistic activity, unfair competition, other violations of anti-monopoly legislation by economic entities, officials of economic entities – legal persons, state bodies, their officials, legal persons not referred to economic entities, their officials, natural persons not referred to economic entities;

Article 14. Powers of anti-monopoly body

The anti-monopoly body in the sphere of counteraction to monopolistic activities and promotion of competition shall:

violation of the anti-monopoly legislation, including in the part of carrying out unfair competition, violation of anti-monopoly requirements for procurement of commodities (hereinafter – statement on violation);

conformity of agreements and actions of economic entities to anti-monopoly legislation;

establishes the fact of presence (absence) of a violation of anti-monopoly legislation;

performs, in the order established by the legislation, inspections of observance of anti-monopoly legislation, obtains necessary documents and information, explanations in written and/or oral forms;

cessation of actions (omission) that contain signs of violation of anti-monopoly legislation;

abrogation or modification of legal acts that contain signs of violation of anti-monopoly legislation;

elimination of the reasons and/or conditions that contributed to the occurrence of a violation of anti-monopoly legislation;

adoption of measures to eliminate the consequences of a violation of anti-monopoly legislation;

issues binding prescriptions to economic entities, officials of economic entities – legal persons, legal persons not referred to economic entities, their officials, natural persons not referred to economic entities on:

cessation of abuse of the dominant position by an economic entity and performing actions aimed at ensuring and development of competition;

termination or modification of agreements of economic entities restricting the competition and performing actions aimed at ensuring and development of competition;

cessation of coordinated actions of economic entities restricting the competition and performing actions aimed at ensuring and development of competition;

prevention of actions (omission) that may lead to the prevention, restriction or elimination of competition and other violations of the anti-monopoly legislation;

cessation of the violation of the rules of non-discriminatory access to commodities;

restoration of the situation that existed before the violation of the anti-monopoly legislation;

modification or restriction of the use of a firm name in case the anti-monopoly body has detected the fact of violation of anti-monopoly legislation, and persons whose rights are violated or may be violated, have filed a respective demand;

fulfilment of economic, technical, informational and other demands to eliminate discriminatory conditions and to prevent their creation;

abrogation or modification of legal acts not corresponding to the anti-monopoly legislation;

termination or modification of agreements not corresponding to the anti-monopoly legislation;

cessation of coordinated actions not corresponding to the anti-monopoly legislation;

issues binding prescriptions on commission of actions aimed at elimination of violations of the anti-monopoly requirements for the procurement of commodities;

send, on the grounds specified in clause 2 of Article 16 of this Law, warnings about the inadmissibility of violation of the anti-monopoly legislation;

apply in the prescribed order to courts with claims, statements on violation of the anti-monopoly legislation, including claims, statements on:

declaring as fully or partially invalid legal acts of state bodies not corresponding to the anti-monopoly legislation, including those creating unjustified obstructions to entrepreneurial activity;

declaring as fully or partially invalid contracts not corresponding to the anti-monopoly legislation;

compulsion to execute decisions and (or) prescriptions of the anti-monopoly body;

participate in court examination of cases relating to application and/or violation of the anti-monopoly legislation;

carry out analysis and assessment of the state of competition on commodity markets;

carry out analysis of the activities of economic entities having a dominant position;

maintain the State Register of economic entities having dominant position on commodity markets;

conclude agreements with legal persons having a dominant position which determine obligatory conditions excluding the monopolistic activities of those entities, and also the limits for change of prices (tariffs);

forward proposals to state bodies, economic entities on taking measures within their competence to promote the development of commodity markets and competition;

place information on activities on its official website in the global computer network Internet, including information on decisions taken to establish the presence (absence) of a violation of the ant-monopoly legislation;

develop proposal on conducting the state policy in the sphere of counteraction to monopolistic activities and development of competition;

the order of formation and maintenance of the State Register of economic entities having dominant position on commodity markets;

the order of establishing a dominant position, including the monopsonistic one, of an economic entity;

requirements for documents and/or information being submitted to the anti-monopoly body when carrying out economic concentration, as well as during the reorganization of economic entities having a dominant position, in the form of transformation into joint-stock companies, the procedure for submitting and considering them in the part not regulated by this Law, other legislative acts, by the Council of Ministers of the Republic of Belarus;

the order for submitting , in the cases established by this Law, notifications to the anti-monopoly body on the reorganization of economic entities – legal persons, the creation of a commercial organization and association of economic entities, the acquisition of voting shares (stakes in the statutory fund) of economic entities, rights in respect of an economic entity or several economic entities, property of commercial organizations, a list of documents and/or information to be submitted, as well as requirements for the content and form for presentation of information;

the procedure for determining monopolistically high, monopolistically low prices (tariffs) and monopsonistically low prices (tariffs);

the procedure for submitting and considering applications for issuing a document on the compliance of the draft agreement with the requirements of the anti-monopoly legislation, other documents and/or information submitted with them, requirements for their content and form, in the part not regulated by this Law, other legislative acts, by the Council of Ministers of the Republic of Belarus;

the procedure for concluding agreements with economic entities having a dominant position;

summarize and analyse the practice of applying the anti-monopoly legislation, develop recommendations for its application;

give explanations in accordance with the legislation on issues of the application of the anti-monopoly legislation;

annually submit to the Council of Ministers of the Republic of Belarus a report on the state of competition in the Republic of Belarus and measures being taken to counter monopolistic activity and the development of competition;

Article 15. Duty of anti-monopoly body to keep confidentiality of commercial, official and other secret protected by the law

1. Information constituting commercial, official and other secret protected by the law and obtained by the anti-monopoly body while exercising its powers is not subject to disclosure with the exception of cases provided by legislative acts.

2. For disclosure of information constituting commercial, official and other secret protected by the law, the employees of the anti-monopoly body shall bear the liability in accordance with the legislative acts.

Article 16. Warning about the inadmissibility of violation of anti-monopoly legislation

1. In order to prevent violation of the anti-monopoly legislation, the anti-monopoly body is entitled to send a written warning to the official of a legal person, including the state body, about the inadmissibility of the commission of actions (omission) that could lead to a violation of the anti-monopoly legislation (hereinafter – warning).

2. The grounds for sending a warning to an official of a legal person, including a state body, are:

2.1. a public statement of such a person about the planned behavior on the commodity market, if such behavior can lead to a violation of the anti-monopoly legislation;

2.2. other information on the actions (omission) planned by such a person, which may lead to a violation of the anti-monopoly legislation.

3. The decision to send a warning shall be made by the head of the anti-monopoly body not later than withing ten working days from the day when the anti-monopoly body became aware of the existence of the grounds specified in clause 2 of this Article.

Article 17. Interaction in the sphere of counteraction to monopolistic activities and promotion of competition

1. The anti-monopoly body and other state bodies, within their competence, interact with each other in the sphere of counteraction to monopolistic activity and promotion of competition, including in the part of the anti-monopoly regulation and control, provide mutual information in that sphere.

2. The anti-monopoly body shall, in accordance with the treaties of the Republic of Belarus, interact with anti-monopoly bodies of other states via forwarding notifications, requests for information, holding consultations, providing information concerning the consideration of cases affecting the interests of another state, consideration of cases (other actions) at the request of an authorized body of other states and providing information about its results.

Article 18. Prohibition of abuse of dominant position by an economic entity

1. Actions (omission) of an economic entity having dominant position which lead or can lead to prevention, restriction or elimination of competition, infringement on the rights, freedoms and legitimate interests of legal and natural persons are prohibited, including the following actions (omission):

1.1. creating obstructions in access to the commodity market or withdrawal from the commodity market for other economic entities;

1.2. fixing and maintaining monopolistically high or monopolistically low price (tariff), establishing monopsonistically low price (tariff);

1.3. withdrawal of a commodity from circulation if the result of such withdrawal was the increase of price (tariff);

1.4. economically or technologically unjustified reduction or termination of the manufacture (production) of a commodity if there is a demand for that commodity or orders were placed for its delivery when there is a possibility of its profitable manufacture (production);

1.5. economically or technologically unjustified refusal or evasion to conclude a contract with some consumers when there is a possibility of manufacture (production) and/or supply of the respective commodity;

1.6. economically, technologically or otherwise unjustified fixing of different prices (tariffs) for one and the same commodity;

1.7. imposition on the seller or consumer of economically or technologically unjustified contract conditions, unfavourable for them or not related to the subject matter of the contract, including the consent to conclusion of a contract only subject to inclusion therein of provisions relating to commodities in which the consumer is not interested;

1.8. conclusion of agreements restricting the freedom of parties to those agreements to determine prices (tariffs) and/or terms of delivery of commodities under contracts with third parties, as well as the imposition of such conditions or refusal to conclude contracts because of a refusal of the potential consumer to accept the mentioned conditions;

1.9. conclusion of agreements with sellers and/or consumers that entail restriction or establishment of the control over the manufacture (production) of the commodity, establishment of the control over commodity markets;

1.10. creation discriminatory conditions, including application of an unequal approach toward sellers or consumers under equal conditions.

2. An economic entity is entitled to provide evidence that its actions (omission) can be recognized as permissible in accordance with clause 1 of Article 22 of this Law.

Article 19. Measures aimed to ensuring non-discriminatory access to commodities

1. In case of detecting the fact of abuse of a dominant position by an economic entity established by the decision of the anti-monopoly body, for purposes of preventing the creation of discriminatory conditions, the Council of Ministers of the Republic of Belarus is entitled to establish rules for non-discriminatory access to commodities manufactured (produced) and/or sold by an economic entity having a dominant position and not being a subject of natural monopoly, whose share in the relevant commodity market is more than seventy percent.

2. The anti-monopoly body is entitled, along with other measures, to issue to an economic entity having a dominant position a binding prescription to approve and publish the rules of trading practice aimed at ensuring non-discriminatory access to commodities on the market of which that economic entity has a dominant position. The requirements for the content of the rules of trade practice and the procedure for their publication are established by the anti-monopoly body.

Article 20. Prohibition of agreements restricting competition of economic entities

1. Agreements between economic entities being competitors (cartels) are prohibited if such agreements lead or can lead toward:

1.2. division of the commodity market according to the territorial principle, types, volumes of transactions, types, volumes, assortment of commodities and their prices (tariffs), the circle of sellers or consumers;

1.4. refusal to conclude contracts with certain sellers or consumers, if such refusal is not provided for by legislative acts.

2. Vertical agreements between economic entities, with the exception of vertical agreements which are acceptable in accordance with clause 2 of Article 22 of this Act are prohibited if:

2.1. such agreements lead or can lead to the fixing of the resale price (tariff) of the commodity, with the exception of the case when the seller establishes the maximum resale price (tariff) of the commodity for the customer;

2.2. such agreements stipulate the obligation of the consumer not to sell the commodity of an economic entity being a competitor of the seller. Such prohibition is not applied to agreements on organization of sale of commodities by the consumer under the trademark or other means of individualization of the seller or manufacturer (producer).

3. Other agreements between economic entities are prohibited, with the exception of vertical agreements that are permissible in accordance with clause 2 of Article 22 of this Law, if it is established that such agreements lead or may lead to the prevention, restriction or elimination of competition. Such agreements may include, but are not limited to, agreements on:

3.1. imposing on the seller or consumer the terms of the contract that are unfavorable for them or that are not related to the subject matter of the contract (unreasonable requirements for the transfer of financial means, other property, including property rights, as well as consent to conclude the contract subject to introduction therein of provisions regarding commodities in which the seller or the consumer is not interested, and other requirements);

3.2. economically, technologically or otherwise unjustified establishing of different prices (tariffs) for one and the same commodity;

3.3. restriction of access to the commodity market, exit from the commodity market or eliminating economic entities from it.

4. Natural and legal persons are prohibited from coordinating economic activities if such coordination leads or may lead to any of the consequences specified in clauses 1-3 of this Article.

Coordination of economic activity in this clause means the coordination of the actions of economic entities by a third person who is included in one group of persons with any of those economic entities and does not operate in the commodity market (commodity markets) in which the activities of economic entities are being coordinated.

5. An economic entity is entitled to provide evidence that the agreements concluded by it, specified in clauses 2 and 3 of this Article, can be recognized as permissible in accordance with clause 1 of Article 22 of this Law.

agreements between economic entities that are included in one group of persons if one of those economic entities has established control over another economic entity or if such economic entities are under the control of one person;

agreement on the provision and/or on the alienation of the rights to use the result of intellectual activity or means of individualization of a legal person, commodities.

Control in this clause is understood as an ability of a natural or legal person, directly or indirectly (through a legal person or several legal persons), to determine the decisions made by another legal person, due to:

possession or the availability of the right to dispose of shares (stakes in the statutory fund) in the amount of more than fifty percent of the total number of votes falling on voting shares (stakes in the statutory fund) constituting the statutory fund of the legal person;

availability of the right to give binding instructions to the legal person on the basis of constituent documents of a concluded contract.

Article 21. Prohibition of concerted actions of economic entities restricting competition

1. Concerted actions of economic entities are prohibited is such actions lead or can lead to prevention, restriction or elimination of competition, including:

1.4. refusal to conclude contracts with certain sellers or consumers, if such refusal is not provided for by legislative acts;

1.5. imposing on the seller or consumer the terms of the contract that are unfavorable for them or that are not related to the subject matter of the contract (unreasonable requirements for the transfer of financial means, other property, including property rights, as well as consent to conclude the contract subject to introduction therein of provisions regarding commodities in which the seller or the consumer is not interested, and other requirements);

1.6. economically, technologically or otherwise unjustified fixing of different prices (tariffs) for one and the same commodity;

1.7. creating obstructions in access to the commodity market or withdrawal from the commodity market for other economic entities.

2. An economic entity is entitled to provide evidence that the concerted actions made by it, specified in clause 1 of this Article, can be recognized as permissible in accordance with clause 1 of Article 22 of this Law.

3. Norms of this Article don not extend to concerted actions of economic entities that are included in one group of persons if one of those economic entities has established control over another economic entity or if such economic entities are under the control of one person.

availability of the right to give binding instructions to the legal person on the basis of constituent documents of a concluded contract.

Article 22. Acceptability of actions (omission), agreements, concerted actions of economic entities

1. Actions (omission), agreements, concerted actions of economic entities, specified in sub-clause of 1.4 and 1.10 of clause 1 of Article 18, clauses 2 and 3 of Article 20, clause 1 of Article 21 of this Law, with the exception of vertical agreements that are acceptable in accordance with clause 2 of this Article, and also actions (omission) on fixing and maintaining monopolistically high price (tariff) of the commodity in which an invention protected in the territory of the Republic of Belarus is applied, as well as the commodity manufactured (produced) directly by a method protected by the patent of the Republic of Belarus for the invention, during the validity period of the corresponding patent may be recognized acceptable by the anti-monopoly body if they do not impose on economic entities restrictions, which are not necessary to achieve purposes of those actions (omission), agreements, concerted actions and do not lead or can lead to prevention, restriction or elimination of competition on the respective commodity market, and if the economic entities prove that such actions (omission), agreements, concerted actions have or may have as a result:

1.1. facilitation of the improvement of manufacture (production) of commodities or stimulation of technical (economic) progress or increasing of the competitiveness of commodities manufactured (produced) in the Republic of Belarus on the world commodity market;

1.2. receipt by consumers of a proportionate part of advantages (benefits) being acquired by respective persons as a result of committing such actions.

2.1. vertical agreements are contracts of complex entrepreneurial license (franchising);

2.2. the share of each economic entity being a party to the vertical agreement on the commodity market of the commodity being the subject matter of the vertical agreement does not exceed twenty percent.

3. Economic entities having the intention to conclude an agreement, which may be recognized as acceptable in accordance with clause 1 of this Article, are entitled to apply to the anti-monopoly body with a written application for issuance of a document on the conformity of the draft agreement to the requirements of the anti-monopoly legislation.

4. The procedure for submitting and considering an application for issuing a document on the compliance of the draft agreement with the requirements of the anti-monopoly legislation, documents and/or information, forms and other requirements toward documents and/or information are determined by the anti-monopoly legislation in the part not regulated by this Law, other legislative acts, by the Council of Ministers of the Republic of Belarus.

Article 23. Prohibition of acts of legislation, other legal acts and actions (omission), agreements, contracts, concerted actions of state bodies, restricting competition

1. Agreements, concerted actions (omission) of a state body with another state body or economic entity that lead or can lead to prevention, restriction or elimination of competition and/or damage to the rights, freedoms and legitimate interests of legal and natural persons are prohibited, including agreements, concerted actions aimed at:

1.1. division of the commodity market according to the territorial principle, types, volumes of transactions, types, volumes, assortment of commodities and their prices (tariffs), the circle of sellers or consumers;

1.2. restriction of access to the commodity market, exit from the commodity market or eliminating economic entities from it.

1.3. economically, technologically and otherwise unjustified fixing of different prices (tariffs) for one and the same commodity;

2. State bodies are prohibited, unless otherwise established by acts of the President of the Republic of Belarus, to adopt (issue) acts of legislation, other legal acts, to perform actions (omission), concerted actions, to conclude agreements, if such acts of legislation, other legal acts, actions (omission), concerted actions, agreements lead or can lead to prevention, restriction or elimination of competition and/or damage to the rights, freedoms and legitimate interests of legal or natural persons, including:

2.1. to unreasonably obstruct the creation of new economic entities in any sphere of activity;

2.2. to impose bans or introduce restrictions in respect of carrying out certain activities by economic entities, including for manufacture (production) of certain kinds of commodities;

2.3. to restrict illegally the rights of economic entities to conclude transactions;

2.4. to impose bans or introduce restrictions in respect of free movement of commodities in the Republic of Belarus, other restrictions of the rights of economic entities to sale, purchase, other acquisition of commodities and their exchange;

2.5. to restrict the independence of economic entities, including to give instructions to economic entities on acquisition of a commodity, priority supply of commodities to a specific circle of consumers or on priority conclusion of contracts;

2.6. to provide access for an economic entity to information on a priority basis;

The state preference in this sub-clause is understood provision by the state to individual economic entities of an advantage that provides them with more favorable conditions of activity, by transferring state property, other objects of civil rights, providing state financial support;

2.8. to establish for consumers of commodities restrictions on the choice of economic entities entities that provide such commodities;

3. It is prohibited to combine functions of state bodies and economic entities with the exception of cases established by the legislative acts, and also granting functions and/or rights of state bodies to economic entities, with the exception of the cases established by the legislative acts.

4. When an entity is endowed with the functions and/or rights of state bodies, the prohibitions established by this Article shall apply to it.

Article 24. Anti-monopoly requirements for the procurement of commodities

1. |When the procurement of commodities is carried out, actions that lead or can lead to prevention, restriction or elimination of competition are prohibited, including through:

coordination of the activities of a participant by the organizer and/or ordering customer;

conclusion of agreements between the organizer and/or the ordering customer and/or a participant;

providing a participant with access to information, unless otherwise provided by the legislative acts and/or resolutions of the Council of Ministers of the Republic of Belarus;

creating priority conditions for a participant, unless otherwise provided by the legislative acts and/or resolutions of the Council of Ministers of the Republic of Belarus;

participation of the organizer and/or ordering customer or employees of the organizer and/or ordering customer as participants in the procurement of commodities conducted by the organizer and/or ordering customer.

The ordering customer in part one of this clause is understood a legal person, including a state body, or an individual entrepreneur, carrying out or intending to carry out the procurement of commodities.

The organizer in part one of this clause is understood a legal person, including a state body, or an individual entrepreneur, carrying out a part of functions of the ordering customer on organizing and conducting the procurement of commodities.

A participant in part one of this clause is understood a legal person, including a state body, or a natural person, including an individual entrepreneur, participating in or intending to participate in the procurement of commodities as a seller.

2. Procurement of commodities carried out in violation of the anti-monopoly requirements may be recognized as invalid by the court, including upon the claim of the anti-monopoly body. In that instance, the recognition of the procurement of commodities as invalid shall entail the invalidity of the contracts concluded as a result of such procurement.

3. Consideration by the anti-monopoly body of statements on violation of anti-monopoly requirements for the procurement of commodities shall be carried out in the order and the time limits established by Chapter 6 of this Law.

Article 25. Prohibition of unfair competition through discrediting

Unfair competition through discrediting, that is, disseminating false, inaccurate or distorted information by an economic entity, including with respect to:

the quality and consumer properties of the commodity offered for sale by a competitor, the purpose of such a commodity, methods and conditions of its manufacture (production) or application, results expected from the use of such a commodity, its suitability for certain purposes;

the quantity of the commodity offered for sale by a competitor, availability of such a commodity on the market, possibility of its purchase under certain conditions, actual amount of demand for such a commodity;

the conditions under which a competitor is offering the commodity for sale, in particular prices (tariffs).

Article 26. Prohibition of unfair competition by misrepresentation

Unfair competition through misrepresentation by an economic entity is prohibited, including with respect to:

the quality and consumer properties of his commodity offered for sale, the purpose of such a commodity, methods and conditions of its manufacture (production) or application, results expected from the use of such a commodity, its suitability for certain purposes;

the quantity of his commodity offered for sale, availability of such a commodity on the market, possibility of its purchase under certain conditions, actual amount of demand for such a commodity;

place of manufacture (production) of his commodity offered for sale, manufacturer (producer) of such a commodity, warranty obligations of the seller or manufacturer (producer) of the commodity;

the conditions under which his commodity is being offered for sale, in particular prices (tariffs).

Article 27. Prohibition of unfair competition through incorrect comparison

Unfair competition through incorrect comparison of an economic entity and/or his commodity with a competitor and/or his product is prohibited, including:

comparisons with a competitor and/or his commodity by using words or designations that create the impression of superiority of the economic entity and/or its product (“best”, “first”, “number one”, “the most”, “only”, “the only ”and others), without specifying specific characteristics or parameters of the comparison that have objective confirmation, or if the statements containing those words are false, inaccurate or distorted;

comparison with a competitor and/or its commodity, in which there is no indication of specific characteristics or parameters being compared or the results of comparison cannot be objectively verified;

comparison with a competitor and/or its commodity based solely on insignificant or disparate facts and containing a negative assessment of the activities of a competitor and/or its commodity.

Article 28. Prohibition of unfair competition connected with acquisition and/or use of intellectual property objects

acquisition and use of the exclusive right to means of individualization of participants in civil turnover, commodities;

commission by the economic entity of actions on sale, exchange or other introduction into the civil circulation of commodities, if at the same time there was an illegal use of an intellectual property object.

Article 29. Prohibition of unfair competition connected with creation of confusion

Unfair competition is prohibited through commission of actions by an economic entity, capable of creating confusion with the activities of another economic entity or with commodities being introduced by a competitor into civil circulation in the territory of the Republic of Belarus, including:

illegal use of a designation identical to a trademark, company name, geographical indication of another economic entity or similar thereto to the extent of confusion, by placing it on commodities, labels, packaging or otherwise using in accordance with the legislation on trademarks and service marks in relation to commodities that are being sold or otherwise introduced into civil circulation in the territory of the Republic of Belarus, as well as through its use in the global computer network Internet, including placement in a domain name;

copying or imitating the appearance of a commodity being introduced into civil circulation in the territory of the Republic of Belarus by another economic entity, packaging of such a commodity, its label, name, color scheme, firm style (in the aggregate of firm clothing, design of the trading floor, showcase) or other elements that individualize the competitor and/or its commodity.

Article 30. Prohibition of unfair competition connected with illegal receipt, use, disclosure of information constituting a commercial, official, other secret protected by the law

It is prohibited unfair competition connected with illegal receipt, use, disclosure of information constituting a commercial, official, other secret protected by the law, including with:

receipt and use of the specified information, the owner of which is a competitor, without the consent of the person entitled to dispose of it;

use or disclosure of the specified information, the owner of which is a competitor, as a result of a violation of the terms of the contract with the person entitled to dispose of it;

use or disclosure of the specified information, the owner of which is a competitor and which is obtained from a person who has or had access to it as a result of the execution of official duties, unless the period of non-disclosure established by the law or contract has expired.

Article 31. Prohibition of other forms of unfair competition

Other forms of unfair competition are prohibited along with those provided for in Articles 25–30 of this Law.

CHAPTER 5
REQUIREMENTS TOWARD ECONOMIC CONCENTRATION, REORGANIZATION OF ECONOMIC ENTITIES HAVING DOMINANT POSITION

Article 32. Economic concentration

1.1. reorganization of economic entities – legal persons in the form of merges and acquisition;

1.2. creation of a commercial organization, if the contribution to its statutory fund is stocks (stakes in the statutory fund) of another commercial organization and/or property that is fixed assets, other than fixed assets not used in entrepreneurial activity (hereinafter – fixed assets), and/or intangible assets of another commercial organization, or the commercial organization being created acquires voting shares (stakes in the statutory fund) of the commercial organization and/or property, which is fixed assets and/or intangible assets of another commercial organizations on the basis of the transfer act or separation balance sheet, and the actions with those shares (stakes in the statutory fund) are recognized in accordance with sub-clauses 1.4–1.6 of this clause as economic concentration.

Fixed assets not used in entrepreneurial activity in this sub-clause are understood fixed assets the use of which is neither directly nor indirectly related to the process of manufacture (production) and/or realization of commodities, as well as with organizational and managerial functions;

1.3. creation of holdings, associations, unions, state associations, inclusion of an economic entity – legal person in the holding;

1.4. the acquisition by an economic entity having dominant position, by persons included with such an economic entity in one group of persons, in the aggregate of more than twenty-five percent of voting shares (stakes in the statutory fund ) of another economic entity carrying out activity on the same product market;

1.5. acquisition by an economic entity or natural person not belonging to economic entities, persons included in one group of persons, in the aggregate of twenty-five or more percent of voting shares (stakes in the statutory fund) of an economic entity having dominant position, as well as other transactions as a result which for such an economic entity or an natural person not belonging to economic entities, persons included in one group of persons, it becomes possible to influence the decision-making of an economic entity having dominant position;

1.6. acquisition by an economic entity or a natural person not belonging to economic entities, by persons included in one group of persons, including on the basis of a contract of trust management of property, a contract of simple partnership (contract on joint activity) or an agency contract, of voting shares (stakes in the statutory fund) of an economic entity in which such an economic entity or natural person not belonging to economic entities, persons included in one group of persons, receive the right to dispose in the aggregate of stocks of more than twenty-five percent of voting shares (stakes in the statutory fund) of an economic entity, provided that prior to that acquisition they did not dispose of the shares (stakes in the statutory fund ) of this economic entity or disposed of no more than twenty-five percent of voting shares (shares in authorized fund) of that economic entity or dispose of not more than twenty-five percent of voting shares (stakes in the statutory fund) of that economic entity, as well as if the acquisition of voting shares (stakes in the statutory fund) of the economic entity is carried out by an economic entity or a natural person not belonging to economic entities, persons included in one group of persons disposing of at least twenty-five percent and not more than fifty percent of the voting shares (stakes in the statutory fund ) of that economic entity, if such an economic entity or natural person not belonging to economic entities, persons included in one group of persons receive the right to dispose of more than fifty percent of such shares (stakes in the statutory fund);

1.7. acquisition by an economic entity or a natural person not belonging to economic entities, by persons included in one group of persons, including on the basis of a contract of trust management of property, a contract of simple partnership (contract on joint activity) or an agency contract, of rights to give binding instructions to another economic entity – individual entrepreneur or commercial organization in the course of their entrepreneurial activity or to exercise the functions of an executive body of a commercial organization;

1.8. conclusion between economic entities – individual entrepreneurs, commercial organizations that are competitors, of a contract of simple partnership (contract on joint activity) in the territory of the Republic of Belarus;

1.9. obtaining in ownership, use or possession by an economic entity of the property being in the territory of the Republic of Belarus, which is fixed assets and/or intangible assets of a commercial organization, if the balance-sheet value of the property constituting the subject matter of the transaction or related transactions exceeds twenty percent of the balance-sheet value of fixed assets and intangible assets of the commercial organization whose property is being alienated;

1.10. acquisition of the right of participation of the same economic entities, natural persons not belonging to economic entities, in executive bodies, boards of directors (supervisory boards) or other governing bodies of two or more economic entities carrying out activity on the market for interchangeable (similar) commodities, upon availability of the possibility of such economic entities, natural persons not belonging to economic entities, to determine the conditions for conducting entrepreneurial activity by those economic entities.

2. The function of the anti-monopoly body on control over economic concentration is carried out through the implementation of the procedure for issuing consent to economic concentration, as well as subsequent control upon receipt of notifications of economic concentration.

The consent of the anti-monopoly body for economic concentration shall be obtained before the performance of actions on economic concentration specified in clause 1 of this Article.

3.1. those specified in sub-clauses 1.4–1.7 of clause 1 of this Article being performed by the founders of a legal person upon its creation through foundation;

3.2. on the transfer of shares (stakes in the statutory fund) into trust management of a professional participant of the securities market, as well as on the transfer of shares (stakes in the statutory fund) of economic entities within the framework of fulfilling the requirements of the legislation on civil service and anti-corruption legislation;

3.3. on the acquisition by a natural person of the powers of the sole executive body of an economic entity through conclusion of a labour contract;

3.4. on the reorganization of a unitary enterprise in the form of transformation if the owner of the property of the reorganized unitary enterprise as a result of such reorganization becomes the sole founder (participant) of the economic company, with the exception of the reorganization carried out in accordance with Article 35 of this Law;

3.5. on the reorganization of a legal person in the form of transformation, if the composition of participants of the reorganized legal person and the distribution of their voting shares (stakes in the statutory fund) as a result of such reorganization are not changed, with the exception of the reorganization carried out in accordance with Article 35 of this Law;

3.6. on the acquisition by an economic company of shares (stakes in the statutory fund) of that company.

4. Acquisition of shares (stakes in the statutory fund) of economic companies in this Law is understood purchase of shares (stakes in the statutory fund), as well as the possibility of exercising the voting right granted by shares (stakes in the statutory fund) of economic companies, including on the basis of a contract of trust management of property, contract of simple partnership (contract on joint activity), agency contract or on other grounds.

Article 33. Reorganization of economic entities – legal persons, creation of a commercial organization and association of economic entities, conclusion of contract of simple partnership (contract on joint activity) with the consent of the anti-monopoly body

1. With the consent of the anti-monopoly body, unless otherwise provided by acts of the President of the Republic of Belarus, the following shall be carried out:

reorganization of economic entities – legal persons in the form of merger or acquisition, if the balance-sheet value of the assets of one of the organizations being reorganized, determined on the basis of the accounting statements as of the last reporting date preceding the date of submission of the application specified in clause 2 of this Article, exceeds two hundred thousand base units or the revenue of one of the organizations being reorganized from the realization of commodities according to the results of the reporting year preceding the year of reorganization exceeds four hundred thousand base units or if one of those economic entities is included in the State Register of economic entities having dominant position on commodity markets or in the State register of natural monopolies entities;

creation of holdings, associations, unions, state associations if the total balance-sheet value of the assets of founders of the organizations being created, determined on the basis of the accounting statements as of the last reporting date preceding the date of submission of the application specified in clause 2 of this Article, exceeds two hundred thousand base units or the total volume of revenue of founders of the organizations being created from the realization of commodities according to the results of the reporting year preceding the year of reorganization exceeds four hundred thousand base units or if one of the said economic entities is included in the State Register of economic entities having dominant position on commodity markets or in the State register of natural monopolies entities;

creation of a commercial organization, if the contribution to its statutory fund is stocks (stakes in the statutory fund) of another commercial organization and/or property that is fixed assets and/or intangible assets of another commercial organization, or the commercial organization being created acquires voting shares (stakes in the statutory fund) of another commercial organization and/or property, which is fixed assets and/or intangible assets of another commercial organizations on the basis of the transfer act or separation balance sheet if the total balance-sheet value of assets of the founders of the organization being created and the commercial organization shares (stakes in the statutory fund) and/or property of which is the contribution to the statutory fund of the commercial organization being created or voting shares (stakes in the statutory fund) and/or property of which is acquired by the commercial organization being created on the basis of the transfer act or separation balance sheet, determined on the basis of the accounting statements as of the last reporting date preceding the date of submission of the application specified in clause 2 of this Article, exceeds two hundred thousand base units or the total volume of revenue of founders of the organization being created and the commercial organization shares (stakes in the statutory fund) and/or property of which is the contribution to the statutory fund of the commercial organization being created or voting shares (stakes in the statutory fund) and/or property of which is acquired by the commercial organization being created on the basis of the transfer act or separation balance sheet, from the realization of commodities according to the results of the reporting year preceding the year of reorganization exceeds four hundred thousand base units or if one of the said economic entities is included in the State Register of economic entities having dominant position on commodity markets or in the State register of natural monopolies entities, if at least one of the following conditions is met:

actions with those shares (stakes in the statutory fund) are recognized in accordance with sub-clauses 1.4–1.6 of clause 1 of Article 32 of this Law as economic concentration;

the balance-sheet value of fixed assets located in the territory of the Republic of Belarus and intangible assets exceeds twenty percent of the balance-sheet value of fixed assets and intangible assets of the commercial organization whose property is acquired by the newly created commercial organization or is a contribution to its statutory fund;

conclusion between economic entities – individual entrepreneurs, commercial organizations that are competitors, of a contract of simple partnership (contract on joint activity) in the territory of the Republic of Belarus if the total balance-sheet value of the assets of such economic entities determined on the basis of the accounting statements as of the last reporting date preceding the date of submission of the application specified in clause 2 of this Article, exceeds two hundred thousand base units or the total volume of revenue of such economic entities from the realization of commodities according to the results of the reporting year preceding the year of conclusion of the contract of simple partnership (contract on joint activity) exceeds four hundred thousand base units or if one of the said economic entities is included in the State Register of economic entities having dominant position on commodity markets or in the State register of natural monopolies entities.

In that instance, the amount of the base unit in the cases specified in indents two, three, five–eight of part one of this clause shall be determined on the day when the anti-monopoly body receives the application specified in clause 2 of this Article.

The revenue from realization of commodities according to the results of the reporting year is determined without the sum of value added tax.

When an economic entity carries out activities for less than one year, the volume of revenue from realization of commodities is taken into account for the period of carrying out the activity minus the sum of value added tax.

2. To obtain the consent of the anti-monopoly body specified in part one of clause 1 of this Article:

2.1. economic entities submit to the anti-monopoly body an application, as well as documents and/or information according to the list established by the President of the Republic of Belarus;

2.2. natural persons not belonging to economic entities submit to the anti-monopoly body an application, as well as documents and/or information according to the list established for economic entities.

3. The procedure for submitting and considering an application, documents and/or information specified in clause 2 of this Article, forms and other requirements toward application, documents and/or information are determined by the anti-monopoly legislation in the part not regulated by this Law, other legislative acts, by the Council of Ministers of the Republic of Belarus.

4. The anti-monopoly body shall, within ten working days from the day of receipt of the application specified in clause 2 of this Article, take decision on refusal to accept it in case when documents and/or information specified in clause 2 of this Article are not submitted or do not meet the established requirements.

5. The anti-monopoly body shall, within thirty calendar days from the day of receipt of the application specified in clause 2 of this Article, on the basis of the results of its consideration take:

5.1. a decision about the consent to reorganization of economic entities – legal persons, creation of a commercial organization and association of economic entities, inclusion of an economic entity – legal person in the holding, conclusion of a contract of simple partnership (contract on joint activity).

In that instance, such a decision about consent may contain conditions ensuring the competitive behaviour of the economic entity (economic entities) on the commodity market;

5.1. a reasoned decision about the refusal to give consent to reorganization of economic entities – legal persons, creation of a commercial organization and association of economic entities, inclusion of an economic entity – legal person in the holding, conclusion of a contract of simple partnership (contract on joint activity) if:

such actions may lead to the emergence or strengthening of the dominant position of economic entities and/or to prevention, restriction or elimination of competition;

in the course of consideration of the submitted documents and/or information, it was established that the information contained therein, having importance for deciding on the possibility of reorganization of economic entities – legal entities, creation of a commercial organization and association of economic entities, inclusion of an economic entity – legal person in the holding, conclusion of a contract of simple partnership (contract on joint activity) is inaccurate and/or incomplete.

6. The anti-monopoly body is entitled to take the decision on consent to reorganization of economic entities – legal entities, creation of a commercial organization and association of economic entities, inclusion of an economic entity – legal person in the holding, conclusion of a contract of simple partnership (contract on joint activity) when there is a possibility for emergence or strengthening of the dominant position of economic entities and/or to prevention, restriction or elimination of competition if the economic entities – legal persons being reorganized, founders of a commercial organization being created, economic entities intending to be united, parties to the contract of simple partnership (contract on joint activity) prove that their actions have or may have as a result:

6.1. improvement of manufacture (production) of commodities or stimulation of technical (economic) progress or increasing of the competitiveness of commodities manufactured (produced) in the Republic of Belarus on the world commodity market;

6.2. receipt by consumers of a proportionate part of advantages (benefits) being acquired by respective persons as a result of committing such actions.

7. Decision of the anti-monopoly body about the consent to reorganization of economic entities – legal persons, creation of a commercial organization and association of economic entities, inclusion of an economic entity – legal person in the holding, conclusion of a contract of simple partnership (contract on joint activity) is valid within one year from the day of adoption of the decision.

8. The requirements for obtaining the consent of the anti-monopoly body established by this Article shall not apply if the reorganization of economic entities – legal persons, creation of a commercial organization and association of economic entities, conclusion of contract of simple partnership (contract on joint activity) in the cases specified in part one of clause 1 of this Article, are carried out:

8.1. by persons included in one group of persons according to the sign specified in sub-clause 1.1 of clause 1 of Article 8 of this Law;

8.2. by persons for which more than fifty percent of the votes falling on voting shares (stakes in the statutory fund) in the aggregate are held by the same persons;

9. Reorganization of economic entities – legal persons, creation of a commercial organization and association of economic entities in the cases specified in indents two, three, five–eight of part one of clause 1 of this Article, being carried out by the persons listed in clause 8 of this Article are carried out with mandatory notification of the anti-monopoly body in a written form not later than within one month from the day of their implementation.

Article 34. Acquisition of voting shares (stakes in the statutory fund) of economic entities, rights in relation to economic entities, property of commercial organizations with the consent of the anti-monopoly body

1. With the consent of the anti-monopoly body, unless otherwise provided by acts of the President of the Republic of Belarus, the following shall be carried out:

acquisition of voting shares (stakes in the statutory fund) of economic entities, as well as acquisition of rights in relation to an economic entity or several economic entities, specified in sub-clauses 1.4–1.7 and 1.10 of clause 1 of Article 32 of this Law in the case if the balance-sheet value of assets of the economic entity voting shares (stakes in the statutory fund) of which and/or rights in respect of which are acquired, or of the person acquiring such shares (stakes in the statutory fund) and/or rights in relation to the economic entity, determined on the basis of the accounting statements as of the last reporting date preceding the date of submission of the application specified in clause 2 of this Article, exceeds two hundred thousand base units or the revenue of one of the organizations being reorganized from the realization of commodities according to the results of the reporting year preceding the year of acquisition exceeds four hundred thousand base units or if one of the said economic entities is included in the State Register of economic entities having dominant position on commodity markets or in the State register of natural monopolies entities;

acquisition o fthe property of commercial organizations specified in sub-clause 1.9 of clause 1 of Article 32 of this Law in the cases if the balance-sheet value of the assets of one of the commercial organization the property of which is being acquired or of the economic entity that acquires such property, determined on the basis of the accounting statements as of the last reporting date preceding the date of submission of the application specified in clause 2 of this Article, exceeds two hundred thousand base units or the revenue from the realization of commodities according to the results of the reporting year preceding the year of acquisition exceeds four hundred thousand base units or if one of those economic entities is included in the State Register of economic entities having dominant position on commodity markets or in the State register of natural monopolies entities.

In that instance, the amount of the base unit shall be determined on the day when the anti-monopoly body receives the application specified in clause 2 of this Article.

The revenue from realization of commodities according to the results of the reporting year is determined without the sum of value added tax.

2. To obtain the consent of the anti-monopoly body specified in part one of clause 1 of this Article:

2.1. economic entities submit to the anti-monopoly body an application, as well as documents and/or information according to the list established by the President of the Republic of Belarus;

5. The anti-monopoly body shall, within thirty calendar days from the day of receipt of the application specified in clause 2 of this Article, on the basis of the results of its consideration take:

5.1. a decision about the consent to acquisition of voting shares (stakes in the statutory fund ) of an economic entity, rights in relation to an economic entity or several economic entities, property of a commercial organization.

In that instance, such a decision about consent may contain requirements that eliminate or reduce the negative impact of the acquisition of voting shares (stakes in the statutory fund), rights and property on competition. Such requirements may concern restrictions on the management, use or disposal of property;

5.1. a reasoned decision about refusal to give consent to acquisition of voting shares (stakes in the statutory fund ) of an economic entity, rights in relation to an economic entity or several economic entities, property of a commercial organization, if:

such actions may lead to the emergence or strengthening of the dominant position of economic entities and/or to prevention, restriction or elimination of competition;

in the course of consideration of the submitted documents and/or information, it was established that the information contained therein, having importance for taking a decision on a possibility to acquire voting shares (stakes in the statutory fund ) of an economic entity, rights in relation to an economic entity or several economic entities, property of a commercial organization, is inaccurate and/or incomplete.

6. The anti-monopoly body is entitled to take the decision about consent to acquisition of voting shares (stakes in the statutory fund ) of an economic entity, rights in relation to an economic entity or several economic entities, property of a commercial organization when there is a possibility for emergence or strengthening of the dominant position of economic entities and/or to prevention, restriction or elimination of competition if the participants of the transaction prove that the acquisition of voting shares (stakes in the statutory fund), rights, property has or may have as a result:

6.2. receipt by consumers of a proportionate part of advantages (benefits) being acquired by respective persons as a result of committing such actions.

7. The decision of the anti-monopoly body about the consent to acquisition of voting shares (stakes in the statutory fund ) of an economic entity, rights in relation to an economic entity or several economic entities, property of a commercial organization is valid within one year from the day of adoption of the decision.

8. The requirements for obtaining the consent of the anti-monopoly body established by this Article shall not apply if the acquisition of voting shares (stakes in the statutory fund), rights, property in the cases specified in part one of clause 1 of this Article is carried out:

8.1. by persons included in one group of persons according to the sign specified in sub-clause 1.1 of clause 1 of Article 8 of this Law;

8.2. by persons for which more than fifty percent of the votes falling on voting shares (stakes in the statutory fund) in the aggregate are held by the same persons.

9. Acquisition of voting shares (stakes in the statutory fund), rights, property in the cases specified in part one of clause 1 of this Article, being carried out by the persons listed in clause 8 of this Article shall be carried out with mandatory notification of the anti-monopoly body in a written form not later than within one month from the day of its implementation.

Article 35. Reorganization of economic entities having a dominant position

1. Reorganization of economic entities having a dominant position in the form of transformation into the joint-stock company shall be carried out with the consent of the anti-monopoly body to be preliminary obtained.

2. In order to obtain the consent of the anti-monopoly body specified in clause 1 of this Article, economic entities having a dominant position shall submit to the anti-monopoly authority an application, as well as documents and/or information according to the list established by the President of the Republic of Belarus.

5. The anti-monopoly body shall, within thirty calendar days from the day of receipt of the application specified in clause 2 of this Article, on the basis of the results of its consideration take:

5.1. a decision about the consent to reorganization of economic entities having a dominant position in the form of transformation into the joint-stock company;

5.2. a reasoned decision about the refusal to give consent to reorganization of economic entities having a dominant position in the form of transformation into the joint-stock company, if;

such actions may lead to the strengthening of the dominant position of economic entities and/or to prevention, restriction or elimination of competition;

in the course of consideration of the submitted documents and/or information, it was established that the information contained therein, having importance for taking a decision on a possibility of reorganization of economic entities having a dominant position is inaccurate and/or incomplete.

6. In order to develop competition, the decision of the anti-monopoly body about the consent specified in sub-clause 5.1 of clause 5 of this Article may also contain:

6.1. conditions ensuring the competitive behavior of the economic entity on the commodity market;

6.2. conditions for mandatory preliminary separation from the composition of economic entities having a dominant position of structural divisions with the formation of a legal person in the event of:

a possibility of organizational and/or territorial separation of structural divisions of the economic entity;

absence of close technological interconnection of structural divisions of an economic entity;

delimitation of spheres of activity of structural divisions of the economic entity within the framework of narrow subject specialization;

absence of the possibility to attract other economic entities to the relevant commodity markets.

7. The decision of the anti-monopoly body about the consent to reorganization of economic entities having a dominant position is valid within one year from the day of its adoption.

CHAPTER 6
PROCEDURE FOR ESTABLISHING THE FACT OF PRESENCE (ABSENCE) OF VIOLATION OF ANTI-MONOPOLY LEGISLATION

Article 36. Grounds for establishing the fact of presence (absence) of violation of anti-monopoly legislation

The fact of the presence (absence) of a violation of anti-monopoly legislation is established, inter alia, on the basis of:

documents, information, other evidence indicating the presence of signs of violation of the anti-monopoly legislation (hereinafter – evidence) received from state bodies;

evidence obtained as part of the exercise by the anti-monopoly body of the powers established by the legislation;

Article 37. Time limits for establishing the fact of presence (absence) of violation of anti-monopoly legislation

The fact of presence (absence) of violation of the anti-monopoly legislation shall not be established after expiration of three years from the day of commission of actions (omission) containing signs of violation of the anti-monopoly legislation, and in the case of continued actions (omission) containing signs of violation of the anti-monopoly legislation, after expiration of three years from the day their detection or termination in the event when such a violation of anti-monopoly legislation was terminated before it was detected.

Article 38. Requirements toward the statement about violation

1. A statement about violation shall be submitted to the anti-monopoly body in a written or electronic form and must contain:

1.1. information about the applicant (surname, proper name, patronymic (if available) and the address of the place of residence (place of stay) – for a natural person, the name and the place of location – for a legal person);

1.2. information on state registration, information on the main activities, commodity being manufactured (produced) and/or realized, geographical boundaries of activity (for the applicant – individual entrepreneur, legal person);

1.3. information that the applicant has about the person in respect of whom the statement about violation was lodged (surname, proper name, patronymic (if available) and the address of the place of residence (place of stay) – for a natural person, the name and the place of location – for a legal person);

2. If it is impossible to present evidence, the reason for the impossibility of presenting it, as well as the alleged person from whom such evidence can be obtained, shall be indicated.

4. Documents being encloses as evidence must be originals or copies of originals, certified by the signature of the head of the legal persons (an authorized person) or by the signature of the natural person (an authorized person).

5. Evidence presented in a foreign language shall be submitted with a certified translation into Russian or Belarusian.

6. Trade secrets contained in the evidence cannot serve as a ground for refusal to submit them to the anti-monopoly body.

Article 39. Leaving statement about violation without consideration on its merit

1. The anti-monopoly body may leave the statement about violation without consideration on its merit if:

1.1. a statement about violation does not meet the requirements established by clause 1 of Article 38 of this Law;

1.2. statement about violation contains issues whose resolution does not fall within the competence of the anti-monopoly body;

1.4. issues laid out in the statement about violation were previously considered by the anti-monopoly body in full and on the merits and they do not contain new circumstances that are relevant for establishing the fact of presence (absence) of a violation of the anti-monopoly legislation.

2. The applicant shall be notified in a written or electronic form about leaving the statement about violation without consideration on the merits with indication of the reasons for such a decision within five working days from the day of its receipt.

Article 40. Consideration of the statement about violation

1. The applicant shall be notified in a written or electronic form on the acceptance of the statement about violation within five working days from the day of its receipt.

2. The anti-monopoly body shall consider the statement about violation within three months from the day of its receipt.

3. If, in order to establish the fact of presence (absence) of a violation of the anti-monopoly legislation, certain actions are required, receipt of additional information, including from a foreign state, within a period exceeding three months, the anti-monopoly body is entitled to extend the time limit for consideration of the statement about violation. In that instance, the applicant shall be notified within five working days from the day of extension of the time limit for consideration of the statement about violation about the reasons for exceeding the three-month time limit and the time limits for performance of necessary actions or the time limits for considering the statement about violation.

4.3. determine the fact of presence (absence) of a violation of the anti-monopoly legislation;

4.4. decide on the matters for the need to issue a prescription in accordance with Article 45 of this Law and its content, as well as on the need to take other actions aimed at eliminating and/or preventing violations of the anti-monopoly legislation, including questions about sending materials to law enforcement bodies, about starting an administrative process, on filing a lawsuit with a court, on sending proposals to state bodies on performing actions aimed at ensuring and developing competition.

5. An applicant, a person in respect of whom the statement about violation has been filed, a person in whose actions (omission) the anti-monopoly body has found signs of a violation of the anti-monopoly legislation, as well as a person whose rights, freedoms and legitimate interests are affected in connection with the determination of the fact of presence (absence) of a violation of the anti-monopoly legislation, is entitled to familiarize themselves with the contents of the statement about violation and evidence, with the exception of information constituting a commercial, official, other secret protected by the law, make extracts from them, submit evidence, submit petitions, get acquainted with petitions of other persons, object to petitions of other persons, give explanations in a written and/or oral forms.

6. For the purpose of a full, comprehensive and objective consideration of the statement about violation, the anti-monopoly body is entitled to take a decision about the joint consideration of two or more statements about violation, as well as a decision on the separate consideration of one or more facts of violation of the anti-monopoly legislation contained in the statement about violation (hereinafter - separate fact of violation).

7. The decision about the joint consideration of the statement about violation shall be taken if:

7.1. statements about violation have been filed against the same person and concern to the same facts of violation of the anti-monopoly legislation;

7.2. statements about violation have been filed by the same person and concern to the same facts of violation of the anti-monopoly legislation.

8. The decision about consideration of a separate fact of violation shall be taken if, during the consideration of the statement about violation, new signs of violation of the anti-monopoly legislation have been detected that are sufficient for their separate consideration.

9. The time limit for consideration of statements about violation in the cases specified in clause 7 of this Article shall be computed from the day or receipt of the first statement about violation by the anti-monopoly body.

Consideration of a separate fact of violation in respect of which the anti-monopoly body has taken a decision in accordance with clauses 6 and 8 of this Article to consider a separate fact of a violation shall be carried out within the time limits established by clauses 2 and 3 of this Article. Computation of the specified time limits shall begin on the day of the decision about to consideration of a separate fact of violation.

10. The decision on joint consideration of statements about violation and the decision on consideration of a separate fact of violation shall be communicated within five working days by the anti-monopoly body to the applicant and the person in respect of whom the statement about violation has been filed.

Article 41. Suspension of consideration of statement about violation, separate fact of violation

1. A decision about suspension of consideration of a statement about violation, decision to suspend consideration of a separate fact of violation may be taken by the anti-monopoly authority in the following cases:

1.1. performance of actions to establish the location of the person in respect of whom the statement about violation has been filed – until establishing his location;

1.2. the impossibility of making a decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation prior to resolving a case being considered in civil, economic, criminal proceedings or administrative procedure, the findings on which will be relevant to the results of the consideration of the statement about violation, separate fact of violation;

1.3. the impossibility of making a decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation prior to resolving by the anti-monopoly body another statement about the violation, separate fact of violation, the findings on which will be relevant to the results of the consideration of the statement about violation, separate fact of violation.

2. After the anti-monopoly body makes a decision to suspend consideration of the statement about violation, a decision to suspend consideration of a separate fact of violation, the running of the time limit for consideration thereof is suspended. The decision to resume consideration of the statement about violation, decision to resume consideration of a separate fact of violation shall be made by the anti-monopoly body, if the grounds for their suspension have disappeared.

3. The decision to suspend consideration of the statement about violation and the decision to resume consideration of the statement of violation, decision to suspend consideration of a separate fact of violation and decision to resume consideration of a separate fact of violation shall be communicated within five working days in a written or electronic form by the anti-monopoly body to the applicant and the person in respect of whom the statement about violation has been filed, decision to consider a separate fact of violation has been made, if its place of location has been established.

Article 42. Termination of consideration of statement about violation, separate fact of violation

1. A decision about termination of consideration of a statement about violation, decision to terminate consideration of a separate fact of violation may be taken by the anti-monopoly authority in the following cases:

1.1. establishing that consideration of the statement about violation, separate fact of violation does not fall within the competence of the anti-monopoly body;

1.2. liquidation of the legal person in respect of which the statement about violation has been filed, decision has been made to consider a separate fact of violation;

1.3. death, declaration of the natural person as deceased by the court in respect of whom the statement about violation has been filed, decision has been made to consider a separate fact of violation;

1.4.presence of a decision of the anti-monopoly body on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation in relation to the actions (omission) under consideration;

1.6. fulfillment of the warning issued in the order established by Article 43 of this Law.

2. The decision to terminate the consideration of the statement about violation, decision to terminate the consideration of a separate fact of a violation shall be communicated within five working days in a written or electronic form by the anti-monopoly body to the applicant and the person in respect of whom the statement about violation has been filed, decision has been made to consider a separate fact of the violation, with the exception of the cases specified in sub-clauses 1.2 and 1.3 of clause 1 of this Article.

Article 43. Warning of anti-monopoly body

1. In order to suppress actions (omission) that lead or may lead to the prevention, restriction or elimination of competition, causing harm to the rights, freedoms and legitimate interests of legal or natural persons in the event of detection of signs of violation of the anti-monopoly legislation specified in sub-clauses 1.5–1.8, 1.10 of clause 1 of Article 18 and Article 23 of this Law, the anti-monopoly body shall, prior to the decision on the fact of presence (absence) of a violation of the anti-monopoly legislation, issue a warning in a written form economic entities, officials of economic entities – legal persons, state bodies, their officials.

2.2. norms of the anti-monopoly legislation, signs of violation of which were detected by the anti-monopoly body;

2.3. list of actions aimed at terminating actions (omission) that contain signs of violation of the anti-monopoly legislation, other actions aimed at ensuring and developing competition, as well as a reasonable time limit for their implementation.

3. The warning is subject to mandatory consideration by the person in respect of whom it was issued, within the time limit specified in the warning. Upon petition of the person in respect of whom the warning has been issued, and if there are sufficient grounds to believe that the warning cannot be implemented within the established time limit, the specified time limit may be extended by the anti-monopoly body.

The computation of the time limit specified in the warning begins from the day when the person in respect of whom the warning was issued knew or should have known about its issuance.

4. The anti-monopoly body must be notified in a written form of the implementation of the warning within three working days from the day of expiration of the time limit established its implementation.

5. If all the conditions of the warning are fulfilled, the consideration of the statement about violation, a separate fact of the violation is terminated in connection with the elimination of such a violation.

6. In case of failure to implement the warning or if not all of its conditions are fulfilled, the anti-monopoly body shall consider the statement about violation, a separate fact of violation and take a decision establishing the presence (absence) of a violation of the anti-monopoly legislation.

Article 44. Decision on establishing the fact of presence (absence) of violation of anti-monopoly legislation

1. According to the results of the consideration of a statement about violation, a separate fact of violation, evidence obtained within the framework of exercising by the anti-monopoly body of its powers established by the legislation, the anti-monopoly body shall take a decision establishing the presence (absence) of a violation of the anti-monopoly legislation, with the exception of cases specified in clause 1 of Article 42 of this Law.

A decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation consists of an introductory, descriptive and motivational and resolutive parts.

2. The introductory part of the decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation shall indicate the time and place of its adoption, the subject matter of consideration.

3. The descriptive and motivational part of the decision on establishing the fact of presence (absence) of violation of anti-monopoly legislation shall indicate:

3.1. circumstances established during the consideration of the statement about violation, separate fact of violation, evidence obtained within the framework of exercising by the anti-monopoly body of the powers established by the legislation;

3.2. circumstances evidencing the fact of presence (absence) of a violation of the anti-monopoly legislation;

4. The resolutive part of the decision on establishing the fact of presence (absence) of violation of anti-monopoly legislation shall indicate:

4.1. conclusion on establishing the fact of presence (absence) of violation of anti-monopoly legislation;

4.2. conclusions about the presence (absence) of the grounds for issuing the prescription;

4.3. conclusions about the presence (absence) of grounds for the anti-monopoly body to carry out other actions aimed at eliminating and/or preventing violation of the anti-monopoly legislation, including the grounds for sending materials to law enforcement bodies, initiating an administrative process, filing a lawsuit with the court, forwarding proposals to state bodies on the performance of actions aimed at ensuring and developing competition;

4.4. order for appealing the decision on on establishing the fact of presence (absence) of violation of anti-monopoly legislation.

5. The applicant, the person in respect of whom the statement about violation has been filed, the person in respect of whom the decision has been made to consider a separate fact of violation, the person in whose actions (omission) the anti-monopoly body has detected signs of violation of anti-monopoly legislation shall be notified about the adopted decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation within five working days.

6. A decision on establishing the presence (absence) of a violation of the anti-monopoly legislation may be appealed to the court within thirty calendar days from the day of its adoption.

Article 45. Prescription of anti-monopoly body

1. On the basis of a decision adopted in accordance with Article 44 of this Law on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation, the anti-monopoly body may issue a prescription.

2.1. name of the economic entity – legal person, state body, legal person not referred to economic entities, natural persons not referred to economic entities, or surname, own name, patronymic (if available) of the economic entity – natural person, natural person not referred to economic entities, in relation to which, the prescription is being issued;

2.2. a description of the established fact of violation of the anti-monopoly legislation with indication of the norms that were violated;

2.3. actions to be performed by the economic entity, official of the economic entity – legal entity, state body, its official, legal person not referred to economic entities, its official, natural person not referred to economic entities, or from performance of which to abstain in order to eliminate the violation of the anti-monopoly legislation;

2.5. procedure and time limit for the submission to the anti-monopoly body of the information on execution of the prescription;

3. The person in respect of whom the prescription has been issued is obliged to execute it within the time limit established by such a prescription.

The computation of the time limit specified in the prescription begins from the day when the person in respect of whom the prescription was issued knew or should have known about its issuance.

A prescription is deemed fulfilled in the event if all the demands set forth therein are fulfilled in full and within the time limit established by that prescription.

The time limit for the execution of the prescription may be extended by the anti-monopoly body by not more than six months upon a petition of the person in respect of whom the prescription has been issued, in case if the reasons specified in the petition are recognized as valid. A petition for extending the time limit for the execution of a prescription shall be filed with the anti-monopoly body not later than five working days before the expiration of the time limit for the execution of such prescription.

4. A prescription may be appealed to the court within thirty calendar days from the day when the person in respect of whom the prescription was issued knew or should have known about its issuance.

5. In case of appeal against the decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation and/or the prescription, the execution of the prescription is suspended until the court decision enters into legal force.

Article 46. Explanation of the decision on establishing the fact of presence (absence) of violation of anti-monopoly legislation and/or prescription. Correction of a slip of pen, typing error and arithmetic mistake

1. The anti-monopoly body, upon petition of the applicant or the person in respect of whom a decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation was adopted and/or a prescription was issued, or, on its own initiative, is entitled to give explanation on the essence of the decisions and/or prescriptions without changing their content , as well as correct slips of pen, typing errors, arithmetic mistakes, made therein them, that do not affect the essence of the decision and/or the issued prescription.

2. An explanation of the essence of the decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation and/or of a prescription, as well as a notification about the corrected slips of pen, typing mistakes, arithmetic errors, shall be sent to the applicant and the person in respect of whom the decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation has been adopted and/or a prescription has been issued not later than fifteen working days from the day of receipt of the petition specified in clause 1 of this Article.

Article 47. Revision of the decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation in view of newly discovered circumstances

1. A decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation may be revised by the anti-monopoly body upon petition of the applicant or the person in respect of whom the decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation was adopted, in view of newly discovered circumstances.

2. Ground for revision of a decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation in view of newly discovered circumstances are:

2.1. detection of circumstances that were not known and could not be known on the moment of adoption of the decision, but which have essential importance for establishing the fact of presence (absence) of a violation of anti-monopoly legislation;

2.2. inaccuracy, incorrect translation of evidence, on the basis of which the decision on establishing the fact of presence (absence) of a violation of antitrust laws was made.

3. A petition for a revision of a decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation in view of newly discovered circumstances may be filed with the anti-monopoly body within three months from the day when the persons having the right to file a petition learned or should have learned about the existence of circumstances that are the ground for revising the decision.

A petition for the revision of a decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation in view of newly discovered circumstances must indicate evidence confirming the presence of newly discovered circumstances.

4. The time limit missed for valid reasons for filing a petition for revision of a decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation in view of newly discovered circumstances may be reinstated by the anti-monopoly body on the initiative of the person who filed the petition.

5. A petition for revising a decision on establish the fact of presence (absence) of a violation of the anti-monopoly legislation in view of newly discovered circumstances shall be considered by the anti-monopoly body within thirty calendar days from the day of its receipt by the anti-monopoly body.

6. According to the results of the consideration of a petition for revision of the decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation in view of newly discovered circumstances, the anti-monopoly body takes one of the following decisions on:

6.1. satisfying the petition and revision of the decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation in view of newly discovered circumstances;

7. The person who filed the petition shall be notified about the results of the consideration of a petition for revision of the decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation in view of newly discovered circumstances within five working days.

8. A decision on the revision of the decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation in view of newly discovered circumstances may be adopted by the anti-monopoly body on its own initiative in the case of establishing ground for the revision specified in clause 2 of this Article.

9. A on revision of the decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation shall be brought by the anti-monopoly body to the knowledge of the applicant and the person in respect of whom the decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation was adopted.

10. Revision of the decision on establishing the fact of presence (absence) of a violation of the anti-monopoly legislation in view of newly discovered circumstances shall be carried out the anti-monopoly body in the order determined by this Chapter.

CHAPTER 7
LIABILITY FOR VIOLATION OF ANTI-MONOPOLY LEGISLATION. DUTIES ON FULFILLING THE DEMANDS OF ANTI-MONOPOLY BODY

Article 48. Liability for violation of anti-monopoly legislation

Violation of the anti-monopoly legislation entails the liability in accordance with legislative acts.

Article 49. Duty of submitting information to anti-monopoly body at its request

1. Economic entities, officials of economic entities – legal persons, state bodies, their officials, natural persons not referred to economic entities are obliged to submit to the anti-monopoly body at its request and within the time limit established thereby documents, explanations, information in written and/or oral form, necessary for the anti-monopoly body in accordance with the authorized powers, including information constituting commercial, official or other secret protected by the law and data from the register of holders of securities.

Information constituting commercial, official or other secret protected by the law is submitted to the anti-monopoly body in accordance with the requirements of the legislation.

Request of primary statistical data shall be carry out in accordance with the legislation on state statistics.

2. Information constituting confidential information about the depositors is provided by the authorized republican body of state administration carrying out state regulation of the securities market, at the request of the anti-monopoly body.

Article 50. Forced division of economic entities, forced splitting-off out of the economic entity of one or more economic entities

1. In the event of violation by an economic entity having dominant position of the prohibitions established by Articles 18, 20, 21, 23–31 of this Law, the court, upon the claim of the anti-monopoly body, is entitled to take a decision on forced division of such economic entity or a decision on forced splitting-off out of its composition of one or more economic entities.

The claim provided for by part one of this clause may be filed by the anti-monopoly body in case if in respect to an economic entity having dominant position a decision on establishing the fact of presence of violation of prohibitions established by Articles 18, 20, 21, 23–31 of this Law was established twice in the course of two years.

2. The court's decision on forced division of the economic entity or a forced splitting-off out of its composition of one or more economic entities shall be taken in order to ensure and develop competition, if all of the following conditions are met:

2.1. structural divisions of the economic entity can be organizationally and/or territorially detached;

2.2. close technological interrelation between structural divisions of the economic entity is absent;

2.3. spheres of activity of structural divisions of the economic entity are delimited within the framework of narrow subject specialization;

2.4. possibility to attract other economic entities to the relevant commodity markets is absent.

3. The court's decision on forced division of the economic entity or the court's decision on a forced splitting-off out of its composition of one or more economic entities is subject to execution by the owner of the property (founders, shareholders) of the legal person, a body of the economic entity authorized thereby or a body of the economic entity authorized to reorganize it by the constituent documents, and in the cases established by the legislation also by the external manager having regard to the requirements provided by the mentioned decisions and within a time limit established by them, being not less than six months.

4. If the dominant position of an economic entity on the commodity market has arisen as a result of organization of the production of a commodity whose properties exceed the respective technical characteristics of interchangeable (analogous) commodities, the claim of the anti-monopoly body on forced division of the economic entity or a forced splitting-off out of its composition of one or more economic entities may be filed not earlier than one year from the day of introduction of the commodity in the civil circulation, unless otherwise established by the legislative acts.

Article 51. Consequences of the economic concentration, reorganization of economic entities having dominant position without the consent of the anti-monopoly body

1. Failure to obtain consent of the anti-monopoly body specified in part one of clause 1 of Article 33 and clause 1 of Article 35 of this Law, as well as non-fulfilment of conditions contained in the decisions on giving consent of the anti-monopoly body specified in sub-clause 5.1 of clause 5 of Article 33 and sub-clause 5.1 of clause 5 of Article 35 of this Law, if actions that require the consent of the anti-monopoly body were actually committed and that led to the creation or strengthening of a dominant position of the economic entity on the commodity market and/or prevention, restriction or elimination of competition shall be the grounds for recognition of such actions as invalid by the court upon the claim of the anti-monopoly body.

2. Failure to obtain consent of the anti-monopoly body specified in part one of clause 1 of Article 34 of this Law, as well as non-fulfilment of conditions contained in the decision on giving consent of the anti-monopoly body specified in sub-clause 5.1 of clause 5 of Article 34 of this Law, if respective transactions were actually executed and that led to the creation or strengthening of a dominant position of the economic entity on the commodity market and/or prevention, restriction or elimination of competition shall be the grounds for recognition of such transactions as invalid by the court upon the claim of the anti-monopoly body.