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Ministry of Justice

Republic of Tajikistan

of 27.03.2007 No. 248

Approved by the order of the Ministry of Economic Development and Trade of the Republic of Tajikistan of March 5, 2007 No. 3

Methodical recommendations about determination of agreement types

I. General provisions

1. These Methodical recommendations are developed based on article 13 of the Law of the Republic of Tajikistan "About the competition and restriction of monopolistic activities in the goods markets" and determine agreement types (coordinated actions) limiting the competition.

2. Methodical recommendations - component of the normativnometodichesky base concerning questions of carrying out by authorized body performing the antimonopoly policy (further authorized body) considerations of agreements (coordinated actions) limiting the competition in the goods markets.

Methodical recommendations are used by consideration of the specific cases connected with identification and suppression of agreements (coordinated actions) between business entities, and also business entities and public authorities, local executive bodies of the government, self-government institutions of the settlement and village and authorized organizations of these bodies having the result essential non-admission, restriction, elimination of the competition in the goods markets or infringement of interests of other business entities.

3. According to article 5 of the Law of the Republic of Tajikistan "About the competition and restriction of monopolistic activities in the goods markets" the conclusion of the agreement, other transaction, the agreement (further agreements) or implementation of coordinated actions by the business entities acting in the market of one goods (interchangeable goods) which bring is forbidden or can bring to:

- to establishment (maintenance) of the prices (rates), discounts, allowances (surcharges), markups, costs, profit or any other components;

- to increase, decrease or maintenance of the prices at auctions and the biddings;

- to joint entry into the markets, exit from the markets, to market sharing on territorial sign, on sales volume or purchases, on the range of implementable goods or around sellers or buyers (customers);

- to restriction of access to the market or elimination from it other business entities as sellers of certain goods or their buyers (customers);

- to restriction in use of information or to deprivation of business entities of market information;

- to refusal of the conclusion of agreements with certain sellers or buyers (customers);

- to imposing to the partner of the terms of the contract not profitable to it or not belonging to the subject of the agreement (unreasonable requirements of transfer of financial resources, other property, property rights, consent to sign the agreement only on condition of introduction in it of the provisions concerning goods in which the partner is not interested, and others);

- unreasonable economic, technical and other conditions to establishment of the different prices (rates) to persons acquiring the same goods;

- to reducing or cessation of production of goods on which there is demand or orders in the presence of profitable possibility of their production;

- to establishment of conditions of membership (participation in professional and other associations which brings or can lead to non-admission, restriction or elimination of the competition.

The conclusion of agreements by the business entities acting in the market of one goods or implementation of coordinated actions as a result of which are available or can take place non-admission, restriction, elimination of the competition or infringement of interests of other business entities is forbidden.

Agreement signature or implementation of coordinated actions by the business entities who are not competing among themselves in the corresponding goods market by the receiving (potential acquirers) and providing (potential sellers) goods (interchangeable goods) is forbidden if as a result of such agreements or coordinated actions are available or can take place non-admission, restriction or elimination of the competition.

Implementation of coordination of business activity of legal entities which has or can have the result competition restriction is forbidden to objedeniye of legal entities (the unions or associations), business entities.

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