AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF BELARUS AND GOVERNMENT OF THE RUSSIAN FEDERATION

of February 27, 2019

About cooperation in the field of protection of the competition

The government of the Republic of Belarus and the Government of the Russian Federation which are hereinafter referred to as with the Parties

in view of the importance of protection of the competition for ensuring effective social and economic development of the states of the Parties, stimulation of innovative processes and production of high-quality products;

recognizing that anti-competitive actions can be obstacle for expansion of commercial intercourses between the states of the Parties and mutual investments;

in view of that in the conditions of globalization of economic activity anti-competitive actions in the territory of one of the states of the Parties can exert impact on interests of the state of other Party;

recognizing that development of the stable relations on the basis of equal and mutual respect will promote long-term and mutually beneficial cooperation of the states of the Parties;

wishing to develop mutually beneficial cooperation in the field of control of compliance with law about protection of the competition of each of the states of the Parties;

agreed as follows.

Article 1 Purpose and determinations

1. The purpose of this agreement is creation of the legal basis for cooperation of the Parties in case of application of the legislation on protection of the competition of each of the states of the Parties concerning business entities of the states of the Parties, and also business entities of the third countries which activities exert impact on competitive situation in the markets of the states of the Parties, and also in the field of competition advocacy.

2. Provisions of this agreement do not extend to the relations settled by single competition rules in the cross-border markets which control of observance is within the competence of the Eurasian economic commission according to the Agreement on the Eurasian Economic Union of May 29, 2014.

3. For the purposes of this agreement the following terms mean:

"antitrust law" - the legislation of each of the states of the Parties determining the organizational and legal basis of counteraction of monopolistic activities and unfair competition;

"law-enforcement activities" - the activities of competent authorities of the Parties responsible for implementation of this agreement connected with identification of antitrust violations, taking measures to the termination of antitrust violations and accountability for making of the specified actions with control of economic concentration, the analysis of the goods markets;

"anti-competitive actions" - actions (failure to act) which are prohibited according to the antitrust law of each of the states of the Parties;

"confidential information" - all types of information, access to which is limited by regulatory legal acts of the states of the Parties, except for information relating according to the legislation of each of the states of the Parties to the state secret (the state secrets).

Article 2 Competent authorities

Competent authorities of the Parties, actionees of this agreement, are:

from the Russian side - Federal Antimonopoly Service;

from the Belarusian side - the Ministry of anti-monopoly regulation and trade of the Republic of Belarus.

The article 3 Interaction in case of law-enforcement activities

1. The parties are recognized that in case of law-enforcement activities expansion of opportunities of both Parties for goal achievement of law-enforcement activities of competent authorities of the Parties, and also more effective use of the material and information resources directed to law-enforcement activities and (or) the cost reduction connected with law-enforcement activities of competent authorities of the Parties is result of interaction.

2. Interaction of competent authorities of the Parties in case of law-enforcement activities is performed by exchange of information, the direction of notifications, requests about provision of information and documents, orders on carrying out separate legal proceedings and about implementation of law-enforcement activities, and also offers on coordination of law-enforcement activities.

3. Competent authorities of each of the Parties render each other assistance in implementation of law-enforcement activities within the competence and available material and information resources.

4. The competent authority of one Party which received request and (or) the order within interaction in case of law-enforcement activities, having the right to refuse performed by request and (or) the order if its execution can cause damage to sovereignty, to safety, public order or other interests of its state or contradicts the legislation of its state.

5. Accomplishment of actions for request and (or) the order of competent authority of one Party is performed according to the legislation of the state of required competent authority.

6. In case of the proper notice of competent authority of one Party the competent authority of other Party can limit or stop interaction within this agreement and perform law-enforcement activities independently from each other according to the national legal system.

Article 4 Exchange of information

The parties are recognized that they have mutual interest in implementation of exchange of information which promotes effective application of the Parties of the antitrust law by competent authorities:

1) about the current law-enforcement activities and its priorities;

2) on industries (sectors) of economy which are of mutual interest;

3) about the planned changes in the antitrust law;

4) on other questions which are of mutual interest.

Article 5 Notification

1. The competent authority of each of the Parties notifies competent authority of other Party if he will knows that:

1) its law-enforcement activities (except for the economic concentration performed within control) can infringe on interests of the state of other Party in the field of protection of the competition;

2) its law-enforcement activities within control of economic concentration connected with consideration of transactions on merge or acquisition in which one of the parties of the transaction or person controlling one or more parties of the transaction or otherwise determining conditions of conducting economic activity by them, is the person registered or founded according to the legislation of the state of other Party can infringe on interests of the state of other Party in the field of protection of the competition;

3) the anti-competitive actions performed in the territory of the state of one of the Parties negatively infringe on interests of the state of other Party.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info