Antimonopoly law

State antimonopoly policy is part of the economical policy of the Republic of Belarus with the following directions:

law and rulemaking activity in the sphere of competition policy;

prevention, restriction and suppression of monopolistic activity of economic entities and managerial bodies;

demonopolization of commodity markets;

suppression of unfair competition;

facilitation of competition development on commodity markets of the Republic;

exercise of control over economic concentration;

regulation of the activity of natural monopolies entities within legislation frame of reference;

guarantee of legal protection of fair competition;

international cooperation in the sphere of competition policy.

The functions under the state antimonopoly regulation and control have been determined in pursuance of the requirements of Laws of the Republic of Belarus “On counteraction to monopolistic activity and competition development”, “On natural monopolies”, and other legislative acts.

In accordance with the functions determined within the current antimonopoly legislation, antimonopoly body - Ministry of Economy of the Republic of Belarus:

examines and hands down an opinion on all documents and document drafts of economic nature for the purpose of conformity with antimonopoly legislation of the Republic of Belarus;

elaborates standard legislative acts in the field of antimonopoly and competition policy;

analyses the status of commodity markets and determines the level of their monopolization;

forms and keeps the State register of economic entities holding the domineering position on commodity markets and State register of natural monopoly entities;

executes control over unfair competition;

regulates the activity of natural monopoly entities within legislation frame of reference;

hands down an opinion for the purpose of conformity of antimonopoly legislation of agreements between economic entities and managerial bodies, leading to restricting competition;

hands down an opinion on the terms of corporatization of economic entities holding the domineering position on the commodity market;

makes decisions in accordance with the legislation on compulsory reorganization of economic entities, holding the domineering position on commodity market;

coordinates the establishment of associations of economic entities, including holdings, economic groups (financial and industrial groups), alliances, organizations and other associations of economic entities;

exercises control over transactions with shares belonging to and (or) issued by economic entities, including transactions on selling shares of the Republic of Belarus at auctions, tenders, property shares into cooperatives’ properties (in shares), economic entities shares in the authorized funds;

creates and updates e-database on organizational and lawmaking, and standard and methodical information on antimonopoly and competition policy of NIS countries;

contributes to international cooperation and interaction in the area of competition policy, taking into account that the Republic of Belarus is a member of International competition network (ICN), Interstate Council on antimonopoly policy of CIS countries (ICAP), EAEC and Common free market zone of the Republic of Belarus, Ukraine, Kazakhstan, and the Russian Federation;

passes orders for economic entities, government bodies and their officials, who have infringed antimonopoly legislation, to cease illegal activity and eliminate its harmful consequences;

performs a series of other functions.

The fulfillment of the abovementioned functions is carried out in compliance with the standards and requirements stipulated in the following regulatory legal acts:

Constitution of the Republic of Belarus;

Civil Code of the Republic of Belarus;

Code of Administrative Law Violations;

Law of the Republic of Belarus “On counteraction to monopolistic activity and competition development”;

Law of the Republic of Belarus “On natural monopolies”;

Provisions on State register of economic entities holding the domineering position on commodity markets;

Provisions on State register of natural monopolies entities;

Instructions on determining the domineering position of economic entities on commodity markets;

Instructions on revealing monopolistic prices;

Instruction on revealing and putting a stop to anti-competition agreements;

Instructions on reorganization of economic entities, holding the domineering position on commodity markets;

Rules on exercising state antimonopoly control over observance of requirements under Article 12 of the Law of the Republic of Belarus “On counteraction to monopolistic activity and competition development”;

Methodical recommendations for antimonopoly body on carrying out examination of projects for holdings creation, also within the period of denationalization and privatization;

Provisions on the procedure of coordinating the conditions of converting state, state unitary, pertinent to republican ownership, and lease enterprises holding the domineering position on commodity markets, into open joint-stock companies;

Instructions on arranging and carrying out examinations on observance of antimonopoly legislation by economic entities domineering on commodity markets

 
In 2006 the Ministry of Economy developed and Ministry of Justice made a legal review of a number ofregulatory legal acts in order to update antimonopoly legislation:
-        Resolution of the Ministry of Economy of the Republic of Belarus dated January, 3 2006 № 1 “On changes in the regulation of the State register of economic entities dominating in commodity markets”;
 
-        Resolution of the Ministry of Economy of the Republic of Belarus dated April, 10 2006 № 57 “On approval of the Instruction on order of consideration of requests to set up a correspondence of provisions of agreements restricting competition to the antimonopoly legislation”;
 
-        Resolution of the Ministry of Economy of the Republic of Belarus dated April, 17 2006 № 61 “On approval of the Instruction on consideration of claims on antimonopoly legislation violation with regard to unfair competition
 
-        Resolution of the Ministry of Economy of the Republic of Belarus dated April, 17 2006 № 60 “On approval of the Instruction on measures implementation aimed at elimination of antimonopoly legislation violations”;
 
-        Resolution of the Ministry of Economy of the Republic of Belarus dated April, 26 2006 № 70 “On introduction of additions and changes to Rules of state antimonopoly control over compliance of Clause 12 of the Law of the Republic of Belarus “On counteraction to monopolistic activity and competition development” and on acknowledgement of the Order №120 of the Ministry of Entrepreneurship and Investment of the Republic of Belarus dated October, 5 1999 as invalid”.



 
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Ministry of Foreign Affairs of the Republic of Belarus