PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of July 6, 2023 No. UP-108

About measures for the effective organization of public administration in the sphere of development of the competition and consumer protection within administrative reforms

For the purpose of ensuring execution of the Presidential decree of the Republic of Uzbekistan of January 25, 2023 No. UP-14 "About First-priority Organizational Measures for Effective Establishing Activities of Republican Executive Bodies":

1. Approve:

priority activities of Committee on development of the competition and consumer protection according to appendix No. 1;

organizational structure of Committee on development of the competition and consumer protection according to appendix No. 2;

"Road map" on deepening of reforms in the sphere of development of the competition and consumer protection and to enhancement of activities of system according to appendix No. 3;

The list of the functions of Committee on development of the competition and consumer protection transferred to private sector according to appendix No. 4.

2. Determine that Committee on development of the competition and consumer protection (further - Committee on the competition):

is republican antimonopoly authority which in the activities is accountable directly to the President of the Republic of Uzbekistan and the Senate of the Oliy Majlis and annually submits the status report of competitive environment in economy and consumer protection;

realizes the powers irrespective of state bodies and the organizations.

Concerning employees of Committee on the competition the work payment terms provided for employees of the reorganized Antimonopoly Committee remain.

3. Establish procedure according to which:

a) since October 1, 2023:

the register (list) of business entities which are granted exclusive rights which maintaining and control of observance of conditions of non-admission of discrimination by business entities is imposed on Committee on the competition takes root;

The committee on the competition determines the subjects having possibility of unilateral influence on determination of terms of transaction, the territories and sales prices of goods (excellent negotiation force) and forbids abuse of them by excellent negotiation force;

the legal entity or physical person which signed the anti-competitive agreement or made mutually coordinated action and the first voluntarily reported about it in Committee on the competition, is exempted from liability established by legal acts for the competition;

state bodies without fail introduce to Committee on the competition drafts of the regulatory legal acts providing government assistance for assessment of their influence on competitive environment;

the business entities holding dominant position in the goods, financial and digital markets post on the official websites standard agreements (offers) by exclusive types of implementable goods (works, services). At the same time the Committee on the competition carries out studying of these agreements regarding cases of inclusion in them of the conditions leading to restriction of the competition and (or) infringement of the rights and consumer interests, other business entities on permanent basis;

when implementing activities in the sphere of natural monopolies by business entities whose main activities is not production of goods or rendering services in the conditions of natural monopoly they are not considered as subjects of natural monopoly. At the same time in case of unreasonable increase or the wrong use of the prices (rates), infringement of the rights and interests of entrepreneurs and consumers in these business entities requirements of legal acts for the competition are applied;

b) for the purpose of the prevention of conflict of interest employees of Committee on the competition are not included the contest (tender) committees in the public procurements including performed at the expense of means of the international financial institutions and also in spheres of public-private partnership and transfer to trust management;

c) in case of suppression of anti-competitive actions the procedure of preventive and explanatory actions without application of measures of responsibility concerning the subjects of entrepreneurship which for the first time made offenses in the cases having low extent of economic impact takes root;

d) The We Listen to You project within which the system of quarterly holding meetings with entrepreneurs and foreign investors, developments and implementation of offers on elimination of the factors interfering the competition takes root into at least than one industry is implemented by committee on the competition;

e) the system of support of public control in the sphere of development of the competition and consumer protection by encouragement of initiatives, rendering assistance of activities of non-state non-profit organizations, their methodological support, provision of technical assistance, advanced training and legal knowledge of their workers by it takes root.

4. To committee on the competition (Sh. Sharakhmetov):

a) in a month to implement the system providing:

carrying out basic scientific and practical researches concerning competition policy and consumer protection, ensuring implementation and harmonization with national system of foreign experience in the sphere of the competition;

preparation of offers and programs for cardinal reforming of spheres of natural monopolies, economic analysis and development of strategic programs for regulation of monopolies and to development of competitive environment;

regular advanced training and the potential of personnel, including employees of Committee on the competition, other state bodies and the organizations with involvement of foreign experts and specialists of the highest educational organizations of the republic in the field of development of the competition and consumer protection;

b) till September 1, 2023 together with the interested ministries and departments in accordance with the established procedure to introduce drafts of regulatory legal acts on implementation of efficient mechanisms of reducing negative impact on the competition of business entities. At the same time to take into account:

introduction of rules of nondiscrimination of the rights and legitimate interests of other persons from business entities who are granted exclusive rights;

establishment of procedure for issue of the prevention and explanation in the cases having low extent of economic impact in case of suppression of anti-competitive actions;

introduction of the rules directed to restriction of negative impact on the competition of associations of legal entities in the market in case of regulation of industries.

c) till October 1, 2023 together with anti-corruption Agency (A. Burkhanov) and other ministries and departments to develop and implement in practice efficient mechanisms of non-admission of cases of corruption and their early "diagnostics", identification and elimination of the factors generating corruption in system of Committee on the competition;

d) till December 20, 2023 together with the interested ministries and departments:

introduce in accordance with the established procedure the draft of the resolution of the Cabinet of Ministers on regulation of activities of natural monopolies by means of independent regulators with carrying out the analysis of implementable projects, and also optimizations of the acts of the legislation regulating rates of natural monopolies with carrying out their complete inventory;

develop the information system and the Information on Goods mobile application giving opportunity to consumers to receive online data on goods (works and services) which are in circulation in the consumer market of the country and also to take measures for step-by-step integration with information systems of state bodies and the electronic government;

e) provide the direction of specialists of Committee on the competition and the organizations of its system, and also employees of other state bodies and the organizations on short-term and long-term training courses in the field of counteraction of monopoly and development of the competition to the advanced foreign states for training and experience exchange.

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