RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of May 29, 1998 No. 120

About approval of Rules of hearing of cases about antitrust violations

For the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic "About modification and amendments in the Law of the Azerbaijan Republic "About anti-monopoly activities" of December 2, 1997 the No. 647 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of hearing of cases about antitrust violations" (are applied).

2. To the state committee on the antimonopoly policy and support of entrepreneurship to prepare and approve the necessary normative and methodical documents following from this Law.

3. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of May 29, 1998 No. 120

Rules of hearing of cases about antitrust violations

"Rules of hearing of cases about antitrust violations" (further - Rules) are constituted according to the Law of the Azerbaijan Republic "About anti-monopoly activities" of October 10, 1997 No. 381-IGD together with amendments and changes and to the Provision of the State committee of the Azerbaijan Republic on the antimonopoly policy and support of entrepreneurship. Rules determine rules and terms of consideration by Public service by the antimonopoly policy and consumer protection under the Ministry of Economics of the Azerbaijan Republic and the department of the Ministry of Economics of the Nakhchivan Autonomous Republic of the antimonopoly policy (further - antimonopoly authority) put about antitrust violations and decision makings about it.

1. The basis for hearing of cases about antitrust violations

1.1. The antimonopoly authority considers cases on antitrust violations based on addresses of the market subjects performing activities as legal entity and physical person, executive bodies and management, public organizations, and also legal entities of the public law and other non-profit organizations, materials of the relevant state bodies, information of periodicals.

Cases on antitrust violations can be considered also at the initiative of Antimonopoly authority.

1.2. Addresses about antitrust violation are represented to Antimonopoly authority by submission of the written application with appendix of originals of the documents confirming the fact of antitrust violation, or appropriately attested copies of these documents. The documents constituted in foreign language are represented with appendix of their transfer into Azerbaijani certified as appropriate. The information about the applicant and person about whom the claim is submitted shall be specified in the notice of infringement of the anti-monopoly law, the fact of antitrust violation and essence of requirements of the applicant are stated (appendix 1).

1.3. The antimonopoly authority considers the notice of infringement of the antitrust law within 1 month from receipt date of this statement.

In case of absence or insufficiency of proofs of justification of signs of violation of the law the Antimonopoly authority to come to conclusion about antitrust violation, can extend the term of consideration of the application in addition up to one month for collection and the analysis of corroborating evidences. In case of prolongation of term the Antimonopoly authority shall report about it to the applicant in writing. If necessary the Antimonopoly authority for the purpose of the proof of availability or lack of signs of violation of the law can perform on places. During check the checking certificate of special form is issued to the staff of Service in addition to the official ID (appendix 2). When checking the staff of Service has the right to enter freely on the objects specified in checking certificates, to get acquainted with the documents and materials connected with observance of the antitrust law and to receive explanations of responsible persons. By results of check the reference and the act of the revealed violations of the law are constituted (appendix 3).

1.3-1. Checks in subjects of entrepreneurship are performed by antimonopoly authority for the purpose of determination of signs of antitrust violation in cases and the procedure provided by the Law of the Azerbaijan Republic "On regulation of the inspections which are carried out in the field of entrepreneurship and protection of interests of entrepreneurs".

1.4. If signs of antitrust violation are not revealed, the Antimonopoly authority shall in time, specified in Item 1.3 of these rules, in writing to report to the applicant about lack of violations of the law.

1.5. Cases on antitrust violations are considered by the Commission of Antimonopoly authority considering cases on antitrust violations on the basis of the procedure established in the second Section of these rules. In the territory of stay (on residence) person which allowed violation of the law or on the territories in which there was violation of the law cases can be considered by the relevant territorial authority within the powers conferred to it according to these rules.

2. Procedure for hearing of cases about antitrust violations and decision making (instructions) on them

2.1. In case of identification of signs of antitrust violation the chief of antimonopoly authority issues the act of formation of the Commission on consideration of specific case on antitrust violation (further - the Commission) and about appointment of its chairman. At least three people shall be part of the Commission.

2.2. By hearing of cases about antitrust violations the Commission acts on behalf of the Antimonopoly Committee.

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