of July 3, 2023 No. ZRU-850
About the competition
Accepted by Legislative house on February 14, 2023
Approved by the Senate on March 2, 2023
The purpose of this Law is regulation of the relations in the field of the competition connected with control and suppression of actions which bring or can lead to restriction of the competition in the goods or financial markets, and also to infringement of the rights and legitimate interests of consumers in the conditions of the competition or natural monopoly.
The legislation on the competition consists of this Law and other acts of the legislation.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about the competition then are applied rules of the international treaty.
This Law extends to actions (failure to act) of physical persons and legal entities, including state bodies which bring or can lead to restriction of the competition in the goods or financial market in the Republic of Uzbekistan, and also to infringement of the rights and legitimate interests of consumers in the conditions of the competition or natural monopoly, made in the territory of the Republic of Uzbekistan and (or) beyond its limits.
This Law does not extend to the relations connected with exclusive rights on intellectual property items.
In this Law the following basic concepts are applied:
the company with participation of the state - the legal entity performing economic activity, in authorized fund (authorized capital) of which the size of share of the state exceeds 25 percent, and also the state unitary enterprise or public institution which is granted the right of implementation of economic activity;
affiliates of the companies with participation of the state are legal entities, 20 and more percent of authorized fund (authorized capital) of which directly or indirectly belong to the companies with participation of the state;
unfair competition - the actions of business entity or group of persons directed to acquisition of benefits when implementing economic activity which contradict the legislation to business customs and cause or can cause losses to other business entities (competitors) either cause or can cause damage to their goodwill;
the consumer - the physical person or legal entity which is acquiring, ordering or having intention to acquire or order goods from business entity;
economic concentration - transactions and (or) other actions resulting in dominance of business entity or group of persons which exerts impact on competitive situation in the goods or financial market;
discrimination conditions - conditions of access to the goods or financial market, conditions of production, consumption, acquisition, realization or other transfer of goods which with other things being equal put one or several business entities in unequal position in comparison with other business entity (competitor);
the financial market - the sphere of the address of the financial service rendered by banks, credit, insurance and other financial institutions and also services of professional participants of the security market in the territory of the Republic of Uzbekistan or its part which can not match with the administrative-territorial device of the Republic of Uzbekistan and in which borders there is possibility of rendering such services;
the coordinated actions - the actions without mutual consent of two or more business entities satisfying interests of each of them when actions of one are known to another or are made proceeding from actions of each of them which limit or can lead to restriction of the competition and (or) infringement of the rights and legitimate interests of consumers in the conditions of the competition.
the competition - competitiveness of business entities (competitors) in case of which their independent actions exclude or limit possibility of each of them to influence unilaterally general terms of the address of goods in the goods or financial market;
digital platform - the information system providing paid or free use of digital products through the world information Internet;
natural monopoly - condition of the goods market on which owing to technology features creation of competitive conditions of satisfaction of demand for certain type of goods is impossible or economically inexpedient;
the subject of natural monopoly - the business entity or group of persons performing activities for production and (or) sales of goods in the conditions of natural monopoly as core activity;
goods - the activities product intended for acquisition and realization, including work and service;
the goods market - the sphere of the address of goods, including interchangeable goods (comparable on functional purpose, application, quality and technical characteristics to which price and other parameters the consumer is ready to replace) in the territory of the Republic of Uzbekistan or its part which can not match with the administrative-territorial device of the Republic of Uzbekistan and in which borders there is possibility of its acquisition or realization;
business entity - the legal entity who is engaged in activities for production, acquisition and sales of goods, including the company with participation of the state and the organization which is engaged in economic activity the physical person, performing business activity without formation of legal entity.
The basic principles in the field of the competition are:
fair competition;
legality;
priority of the rights and legitimate interests of consumers;
transparency;
equality.
The main directions of state policy in the field of the competition are:
protection of the competition, the prevention and the termination of anti-competitive actions taking into account priority of the rights and legitimate interests of consumers;
forming in the society of intolerance to any anti-competitive actions;
development of competitive environment and creation of conditions for effective functioning of the goods and financial markets;
ensuring freedom of economic activity of members of the goods and financial markets and free movement of goods;
forming of competitive environment in spheres where subjects of natural monopoly perform activities;
establishment of equal conditions for members of the goods and financial markets and reducing participation of the state in economy;
increase in responsibility of republican executive bodies for improvement and development of competitive environment.
Authorized state body in the field of the competition (antimonopoly authority) is the Committee on development of the competition and consumer protection of the Republic of Uzbekistan (further - authorized state body).
In the activities the authorized state body is directly accountable to the President of the Republic of Uzbekistan and the Senate of the Oliy Majlis of the Republic of Uzbekistan and performs the activities irrespective of state bodies, other organizations and officials.
Financing of activities of central office of authorized state body and its territorial authorities is performed at the expense of the means of the Government budget of the Republic of Uzbekistan and other sources which are not prohibited by the legislation.
The authorized state body estimates impact of regulatory legal acts and their projects on the competition, and also develops offers and recommendations submitted on elimination of regulations which directly or indirectly bring or can lead to restriction of the competition in the goods or financial market.
The drafts of regulatory legal acts providing are introduced to authorized state body for impact assessment on the competition:
introduction of new restrictions, new license types, allowing procedures for business entities or distribution of the operating restrictions, allowing procedures, the licensed types of activity on more wide range of participants of the market;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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