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LAW OF THE REPUBLIC OF ARMENIA

of December 5, 2000 No. ZR-112

About protection of the economic competition

(as amended on 10-02-2020)

Accepted by National Assembly of the Republic of Armenia on November 6, 2000

Chapter 1. General provisions

Article 1. Law purpose

The Law purpose - to protect and encourage the free economic competition, to provide the necessary circle for fair competition, to promote development of entrepreneurship and protection of consumer interests in the Republic of Armenia.

Article 2. Subject of regulation of the Law

1. This Law extends to actions or behavior of business entities, state bodies, and also officials who bring or can lead to restriction, prohibition of the economic competition or the act of unfair competition except for provided by the law of cases and also causing damage to consumer interests.

2. This Law does not extend to the relations concerning the intellectual property right, the cases except for established by this Law.

3. If international treaties of the Republic of Armenia establish other regulations, than those which are provided by this Law then are applied regulations of international treaties.

4. Functions on the economic competition concerning persons, regulated or controlled by the Central bank of the Republic of Armenia, and also persons acting in the field of, regulated public services State commission on protection of the economic competition of the Republic of Armenia (further - the Commission) performs respectively based on cooperation with the Central bank of the Republic of Armenia and the Commission on regulation of public services of the Republic of Armenia (further - Regulating authorities).

4.1. Central Bank of the Republic of Armenia can not provide in the Commission information about the provided state support.

5. Regulating authorities, before adoption of sublegislative regulatory legal acts about prevention of abuses of dominant position, anti-competitive agreements, concentration, represent them to the Commission for receipt of opinion.

6. About the problems connected with the economic competition in the spheres provided by this Article, the Commission reports Regulating authorities.

7. The commission, except for the case provided by part 10 of this Article abstains from any intervention in connection with the brought-up question on the economic competition if Regulating authorities reasonably report to the Commission that this question, proceeding from the purposes of regulation established by the law is assigned to Regulating authorities, and Regulating authorities perform the functions established by the law.

The commission according to the procedure, established by this Article, can express line item, and the final decision is made by Regulating authorities.

8. Regulating authorities in the course of the undertaken actions provide the Commissions within, established by the law, opportunity to provide the line item. Regulating authorities surely stop on all questions which are brought up by the Commission, and line items expressed by it, specifying reasons for their acceptance or rejection.

Regulating authorities in the final line item or the decision mention line item of the Commission, and also in case of its rejection - reasons for it.

If the Commission did not provide line item according to the procedure, established by this part, decisions and line items of Regulating authorities are accepted without opinion of the Commission.

9. The procedure established by parts 5, 7 and 8 these Articles is not applied in exceptional cases when the purpose of the Central bank of the Republic of Armenia is to stop potential hazard of financial stability and price stability or to react to it, financial institution is recognized insolvent or the statement for bankruptcy files a lawsuit, performs compulsory acquisition of share or the share of financial institution or its participant, performs reorganization, enforced sale or liquidation of financial institution.

Regulating authorities after decision making, provided by this part, report about it to the Commission if they do not contain the data containing the bank or protected by the law secret.

10. If the Commission finds that the informing the Commission on regulation of public services of the Republic of Armenia provided by part 7 of this Article is not proved, then can address the Prime Minister with the petition for inclusion of question in the agenda of the regular meeting of the Government. In the case provided by this part the Government adoption of the individual legal act solves on the brought-up question on the economic competition (the word is missed, it is possible "address", - the lane) to the competent authority performing functions on the economic competition.

Article 3. Legislation on protection of the economic competition

The legislation on protection of the economic competition consists of the Constitution of the Republic of Armenia, the Civil code of the Republic of Armenia, this Law and other legal acts.

Article 4. Basic concepts

1. The basic concepts used in this Law are:

The economic competition or the competition – the economic activity aimed at providing more favorable conditions for realization or purchase of goods as a result of which possibilities of unilateral impact of each of competitors on general terms of commodity turnover in this goods market are objectively limited, 

goods – object of the civil law, including, property, work, services (including, financial) which are provided for realization,

interchangeable goods – goods which can be compared on functional purpose, high-quality, technical, price or other qualities so that the acquirer replaces or is ready to replace them with each other,

the goods market – established by the decision of the Commission the sphere of turnover in certain territory of these goods and its interchangeable goods which borders are determined by economic opportunities or other feasibility and lack of such opportunities and feasibility beyond its limits of purchase of goods in the corresponding territory. The goods market is characterized by borders of assortment and geographical boundaries, structure and amount of his subjects,

border of range of the goods market – the set of these goods and its interchangeable goods established by the decision of the Commission,

the geographical boundary of the goods market – the certain geographical territory established by the decision of the Commission (including, the road, route – air, water, overland and so on) within which for the buyer it is economically possible and reasonable to acquire these goods and its interchangeable goods and is not present such opportunity and feasibility beyond its limits. The geographical boundary of the goods market can include all territory of the Republic of Armenia or its part or the territory of the Republic of Armenia (or its parts) and the territory of other state (or its parts),

subjects of the goods market – the implementor (the seller, the supplier, the alienor, the contractor) and the acquirer (the buyer, the receiver, the acceptor, the consumer) of these goods and its interchangeable goods,

amount of the goods market – the total amount of realization and acquisition of these goods and its interchangeable goods within geographical boundaries of the goods market, in natural and (or) value term, 

realization – sale, delivery, alienation, provision, execution,

acquisition – purchase, obtaining, acceptance,

state body – state body of management or local self-government, the public or communal institution, the Central bank of the Republic of Armenia,

business entity – the payer of licensed payment, the individual entrepreneur, the legal entity, other organization, her representative, representation or branch, group of persons. In case of the concentration provided by this Law also physical person is considered business entity,

the official of business entity - person performing competences of sole executive body of business entity, either the member of collegiate executive body or the leading person performing organizing, rasporyaditelsky and administrative functions;

the shopping facility - property complex (the parcel of land, the building, construction) which is used for the goods delivery to the consumer in the field of realization, 

retail chain stores – consolidation of two or more shopping facilities which are under the common directorship or are effective under one trademark or other means of individualization,

economic conditions (factors) – the expenses, taxes, charges, obligatory payments connected with acquisition, production, sales of goods (provision of services, performance of works)

unreasonable price increase – the unreasonable price increase from business entity for goods and (or) interchangeable goods during certain period which is not caused by availability of economic conditions (factors)

unreasonable reduction of prices – the unreasonable reduction of prices from business entity of goods and (or) interchangeable goods during certain period which is not caused by availability of economic conditions (factors)

unreasonable maintenance of the prices – unreasonable maintenance of the prices from business entity for goods and (or) interchangeable goods (including changes of this price to five percent) during certain period, in that case when availability of economic conditions (factors) could be given or shall be led to establishment of lower or higher price,

discrimination conditions - entrance conditions on the goods market, productions, exchange, consumption, realization or transfer of goods otherwise which create for business entity or the consumer unequal competitive conditions or unequal position in comparison with other business entity or the consumer;

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