Agreement on the single principles and competition rules

of December 9, 2010

The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation which are hereinafter referred to as with the Parties

based on the Agreement on custom union between the Russian Federation and the Republic of Belarus of January 6, 1995, the Agreement on custom union of January 20, 1995, the Agreement on custom union and the Common economic space of February 26, 1999, the Constitutive treaty of Eurasian economic community of October 10, 2000, the Agreement on creation of single customs area and forming of custom union of October 6, 2007,

confirming intention to develop economic cooperation and to expand trade and economic relations of the Parties,

in view of need of support of the competition for ensuring effective development of economy, stimulation of innovative processes and production of high-quality products,

considering carrying out single competition policy necessary condition of forming and effective functioning of the Common economic space of the Parties,

considering need of providing equal conditions of the competition in the goods markets of the Common economic space of the Parties, including non-discriminatory access of business entities of the Parties to the goods markets of the Parties,

agreed as follows:

Section I General provisions

Article 1 of the Purpose and subject of the agreement

1. The purpose of this agreement is forming of single competition policy by the Parties for ensuring free movement of goods, services and the capital, freedom of economic activity and effective functioning of the goods markets on single customs area of gosudarstvuchastnik of the Customs union, harmonization of the legislation of the Parties in the field of competition policy and non-admission of the actions capable to exert negative impact on mutual trade of the Parties.

2. Subject of this agreement is establishment of the single principles and competition rules providing identification and suppression of anti-competitive actions in the territory of the Parties and actions exerting negative impact on the competition in the cross-border markets in the territory of two and more Parties.

3. This agreement extends to the relations connected with realization of competition policy in the territory of the Parties and on the relations with participation of business entities (subjects of the market) of the Parties which exert or can exert negative impact on the competition in the cross-border markets in the territory of two and more Parties. Criteria of reference of the market to cross-border for the purpose of determination of competence of the Commission of the Customs union are established by the decision of Interstate council of Eurasian economic community (The Supreme body of the Customs union) within 6 months from the date of entry into force of this agreement.

4. The parties have the right to establish additional requirements and restrictions on the prohibitions provided by Sections II and III of this agreement in the legislation.

5. Nothing in this agreement shall be interpreted as obstacle for any Party to undertake any measures which it considers necessary for protection of the major interests of defense of the country or safety of the state.

6. This agreement is applied to subjects of natural monopolies taking into account the features provided in agreements of the Parties concerning natural monopolies.

The article 2 Determination of Terms, used in the Agreement

For the purposes of this agreement the following terms mean:

1) "vertical agreement" - the agreement between business entities (subjects of the market) which do not compete among themselves one of which acquires goods or is his potential acquirer, and another provides goods or is his potential seller;

"Interchangeable goods" - goods which can be comparable on their functional purpose, application, quality and technical characteristics to the price and other parameters in such a way that the acquirer really replaces or one goods are ready to replace with another 2) in case of consumption (including in case of consumption in the production purposes);

3) "the state price regulation" - establishment by public authorities and local government bodies of the Parties of the prices (rates), allowances to the prices (rates), the maximum or minimum prices (rates), the maximum or minimum allowances to the prices (rates) according to the procedure, established by the legislation of the Parties;

4) "the state or municipal preferences" - provision by executive bodies, the local government bodies of the Parties performing functions of the specified bodies by other bodies or the organizations to certain business entities (subjects of the market) of benefit which provides them more advantageous conditions of activities, by transfer of the state-owned or municipal property, other objects of the civil laws or by provision of property privileges, state or municipal guarantees;

5) "group of persons" - set of the physical persons and (or) legal entities corresponding to one or several of the following signs:

economic society (partnership) and physical person or the legal entity if such physical person or such legal entity has owing to the participation in this economic society (partnership) or according to the powers received including based on the agreement, from other persons, more than fifty percent of total quantity of the voices falling on voting shares (shares) in the authorized (share) capital of this economic society (partnership);

business entity (the subject of the market) and physical person or the legal entity if such physical person or such legal entity performs functions of sole executive body of this business entity (the subject of the market);

business entity (the subject of the market) and physical person or the legal entity if such physical person or such legal entity based on constituent documents of this business entity (the subject of the market) or the agreement (agreement) signed with this business entity has the right to instruct this business entity obligatory for execution;

business entities (subjects of the market) in whom more than 50 percent of quantitative structure of collegiate executive body and (or) the board of directors (the supervisory board, council of fund) make the same physical persons;

physical person, his spouse, parents (including adoptive parents), children (including adopted), brothers and sisters;

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