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DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of March 5, 2021 No. 28

About approval of the Procedure for removal of caution about inadmissibility of making of actions which can lead to violation of general competition rules in the cross-border markets of state members of the Eurasian Economic Union

According to the subitem 1 of Item 24 of the Regulations on the Eurasian economic commission () and for the purpose of realization of Items 10, 11 and 13.4 Protocols on the general principles and competition rules (appendix No. 19 to the Agreement on the Eurasian Economic Union of May 29, 2014) Council of the Eurasian economic commission solved appendix No. 1 to the Agreement on the Eurasian Economic Union of May 29, 2014:

1. Approve the enclosed Procedure for removal of caution about inadmissibility of making of actions which can lead to violation of general competition rules in the cross-border markets of state members of the Eurasian Economic Union.

2. This Decision becomes effective after 30 calendar days from the date of its official publication, but not earlier than the date of entry into force of the Protocol on introduction of amendments to the Agreement on the Eurasian Economic Union of the May 29, 2014 signed on October 1, 2019.

Members of council of the Eurasian economic commission:

From the Republic of Armenia

M. Grigoryan

From the Republic of Belarus

I. Petrishenko

From the Republic of Kazakhstan

A. Smailov

From the Kyrgyz Republic

U. Karmyshakov

From the Russian Federation

A. Overchuk

 

Approved by the Decision of Council of the Eurasian economic commission of March 5, 2021, No. 28

Procedure for removal of caution about inadmissibility of making of actions which can lead to violation of general competition rules in the cross-border markets of state members of the Eurasian Economic Union

I. General provisions

1. This Procedure is developed based on Items 10, 11 and 13.4 Protocols on the general principles and competition rules (appendix No. 19 to the Agreement on the Eurasian Economic Union of May 29, 2014) (further - the Protocol) and determines rules of removal of caution about inadmissibility of making of actions which can lead to violation of general competition rules in the cross-border markets of the state members of the Eurasian Economic Union (further - state members) provided by the Section XVIII of the Agreement on the Eurasian Economic Union (further - the Agreement) and the Protocol (further - caution).

2. The concepts used in this Procedure are understood in the values determined by the Protocol.

II. Bases for caution removal

3. The basis for caution removal to the official of business entity (the subject of the market), and also to physical person the public statement of such persons about the planned behavior in the cross-border market is if such behavior can lead to violation of general competition rules and at the same time there are no bases for removal of determination about the beginning of conducting investigation about violation of general competition rules.

The public statement is understood as the statement of the official of business entity (the subject of the market) or physical person addressed including to the uncertain group of people and (or) made in the conditions allowing to obtain information containing in such statement (for example, the statement is made at conference, in interview, it is placed in mass media, it is published on the Internet, in advertizing brochures or booklets, etc.).

4. The Eurasian economic commission (further - the Commission) can use information on public statements obtained including:

a) from state bodies of state members, business entities (subjects of the market), physical persons (with appendix to the corresponding written message of the document containing information (data) confirming the public statement);

b) from mass media;

c) independently.

III. Preparation and removal of caution

5. Structural division of the Commission which competence includes control of observance of general competition rules in the cross-border markets (further - authorized structural division of the Commission), within 10 working days from the date of receipt (identification) of information on the public statement:

a) checks availability of information (data) on the public statement;

b) estimates the public statement according to Item 6 of this Procedure;

c) prepares the conclusion about need (lack of need) of removal of caution and the project of caution in form according to appendix and submits them for review by the member of Board of the Commission supervising questions of the competition and anti-monopoly regulation (further - the member of Board of the Commission).

6. The authorized structural division of the Commission analyzes contents of the public statement regarding possible violation of article 76 of the Agreement and if declared by official or physical person of action (failure to act) are capable to lead to violation of the specified article of the Agreement, estimates possible effects of such actions for the cross-border markets, in view of where whom it, when and under what circumstances the public statement was made, and determines whether there is basis for caution removal.

By results of the carried-out assessment of the public statement the authorized structural division of the Commission represents to the member of Board of the Commission the conclusion about need (lack of need) of removal of caution signed by the head of authorized structural division of the Commission (in case of its absence - signed by the deputy manager).

The project of caution prepared by authorized structural division of the Commission is attached to the conclusion about need of removal of caution.

7. In the project of caution are specified:

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