of October 13, 2009 No. 499
About some measures for enhancement of anti-monopoly regulation and development of the competition
For the purpose of enhancement of anti-monopoly regulation and development of the competition in the Republic of Belarus, and also liberalization of conditions of implementation of economic activity of legal entities and physical persons:
1. Determine that:
1.1. The Ministry of Economics in the goods markets of the republic, structural divisions regional (The Minsk city) executive committees, the performing functions of anti-monopoly regulation and control in the goods markets of areas (Minsk), are antimonopoly authorities (further - antimonopoly authorities) which when implementing the state anti-monopoly regulation and control within the competence have the right:
1.1.1. take out obligatory for execution by legal entities, state bodies, their officials of the instruction (decision) on the termination of the actions (failure to act) violating the antitrust law, about cancellation (change) of the legal acts adopted by them which are not corresponding to this legislation and (or) leading to competition restriction including: about cancellation of the imposed ban and (or) restrictions on sales of goods (works, services) in the Republic of Belarus, other restrictions of the rights and legitimate interests of legal entities and physical persons, including individual entrepreneurs, on acquisition and (or) sales of goods (works, services); about cancellation of decisions on investment of commercial and non-profit organizations with powers which can lead to competition restriction;
1.1.2. conclude according to the procedure, established by the Ministry of Economics, with the legal entities holding dominant position in the goods markets, agreements (to make changes and additions in them), in whom the compulsory provisions excluding monopolistic activities of these legal entities, and also limits of the change in price (rates) for goods (works, services) are determined (daleesoglasheniye). During the term of the agreement the legal entity holding dominant position in the goods markets is exempted from the obligation of forming (application) of regulated prices (rates) for goods (works, services) provided for the legal entities included in the State register of the business entities holding dominant position in the goods markets. At the same time are subject to execution of regulation of acts of the legislation on pricing, obligatory to execution by other legal entities who are not included in this register.
In case of violation by such legal entity of compulsory provisions of the agreement the antimonopoly authority within 3 working days sends it the notification on termination of this agreement and in 30 days from the date of termination this legal entity shall apply regulated prices (rates) for goods (works, services) according to the legislation;
1.1.3. take in accordance with the established procedure legal actions without payment of the state fee with actions for declaration (claims) about recognition invalid agreements (agreements), including agreements (agreements) between state bodies (other legal entities, individual entrepreneurs), and also between state body and other legal entity or the individual entrepreneur, the prisoners (made) in antitrust violation, doing harm to the rights and legitimate interests of other legal entities or citizens and leading to competition restriction;
1.1.4. perform other rights determined by other legal acts and resolutions of Council of Ministers of the Republic of Belarus;
1.2. antimonopoly authority in case of application of the paragraph of the sixth Item 2 of article 12 of the Law of the Republic of Belarus of December 10, 1992 "About counteraction of monopolistic activities and development of the competition" (Vedamasts? Vyarkho¸naga of Council Respubl? to? Belarus, 1992, No. 36, Art. 569; The national register of legal acts of the Republic of Belarus, 2000, No. 8, 2/139) has the right to approve only acquisition of rights of use and (or) orders of 20 percent and more shares (shares) in authorized fund of the legal entity based on the purchase and sale agreement (the property trust management agreement, cooperation agreement, the agreement of the order) if the book value of assets of the legal entity determined based on data of accounting records (balance sheet) on the last reporting date exceeds 100 thousand basic sizes or total revenue from sales of goods (works, services) following the results of the financial year preceding year of acquisition exceeds 200 thousand basic sizes;
1.3. state bodies (their officials) submit at the request of antimonopoly authority within the terms established by it the relevant documents and (or) data necessary for determination by antimonopoly authority of condition of the goods markets of the republic, extent of their monopolization.
2. To Council of Ministers of the Republic of Belarus:
2.1. together with regional executive committees and the Minsk Gorispolkom to provide accomplishment of the antitrust law by the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus, local executive and administrative organs, other organizations and individual entrepreneurs according to this Decree;
2.2. in four-months time from the date of official publication of this Decree in accordance with the established procedure to make offers on reduction of legal acts in compliance with this Decree;
2.3. in three-months time to bring decisions of the Government of the Republic of Belarus into accord with this Decree;
2.4. take other measures necessary for realization of provisions of this Decree.
3. This Decree becomes effective in three months after its official publication, except for subitems 2.2 - 2.4 Items 2 and this Item which are becoming effective from the date of official publication of this Decree.
President of the Republic of Belarus A. Lukashenko
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