The agreement on carrying out the approved antimonopoly policy

of January 25, 2000

The governments of the State Parties of this Agreement which are hereinafter referred to as with the Parties

in development of the Agreement on approval of the antimonopoly policy of March 12, 1993,

confirming the aspiration to abstain from any actions causing economic damage to interests of the State Parties of this Agreement

recognizing need of respect for the principles of sovereignty, equality, refusal of discrimination,

aiming at the prevention of origin negative for trade and economic development of factors which can arise owing to monopolistic activities of business entities,

recognizing need of adoption by the State Parties of this Agreement of anti-monopoly legal acts and carrying out the effective antimonopoly policy,

in view of the growing impact of multinational corporations on economic development of the State Parties of this Agreement,

considering the increasing role of the antimonopoly policy in ensuring economic interests of the State Parties of this Agreement,

agreed about the following:

Article 1 of Determination

For the purposes of this Agreement the following determinations are applied:

business entities - the legal entities of all patterns of ownership who are engaged in activities for production, realization, purchase of goods and services and also the physical persons performing independent business activity;

the goods market - the sphere of the goods circulation (products, works, services), not having substitutes or interchangeable goods within the territories of the State Parties of this Agreement (further the State Parties) or their parts;

the competition - competitiveness of business entities when their independent actions effectively limit possibilities of each of them unilaterally to influence general terms of the goods circulation in the corresponding goods market and stimulate production of goods necessary for the consumer;

dominant position - the exclusive provision of business entity in the goods market giving it the chance independently or together with other business entities to dictate the terms to consumers and/or competitors, to complicate access to the market to other business entities or to otherwise limit the competition;

monopolistic activities - the legitimate interests of consumers contradicting the national antitrust law of action (failure to act) of business entities, bodies of authority and management, directed to non-admission, restriction or elimination of the competition and/or infringing;

unfair competition - any actions (failure to act) of business entities directed to acquisition of benefits in business activity which contradict the national antitrust law and can cause to business customs or caused losses to other business entities or to cause damage to their goodwill;

the antitrust law - the regulatory legal acts operating in the territories of the State Parties containing provisions according to the prevention, restriction and suppression of monopolistic activities and unfair competition;

antimonopoly authority - the body of the State Party exercising control of observance of the antitrust law;

investigation (research) - application of the antitrust law by means of hearing of cases about its violations, research of the goods markets, and also other actions which are carried out by representatives on that competent authorities of the State Parties.

Article 2 of the Purpose and task

1. This agreement is intended for creation of legal and organizational basis of cooperation of the Parties on carrying out the approved antimonopoly policy and competition development, and also elimination negative for trade and economic development of factors and non-admission of the actions causing damage to economic interests of the State Parties owing to monopolistic activities and/or unfair competition.

2. Tasks of this Agreement are:

coordination of collateral actions according to the prevention, restriction and suppression of monopolistic activities and/or unfair competition;

rapprochement of the antitrust laws in that measure in what it is necessary for implementation of this agreement;

creation of conditions for development of the competition, effective functioning of the goods markets and consumer protection;

approval of procedure for consideration and assessment of monopolistic activities of business entities, bodies of authority and management and creation on this basis of the mechanism of cooperation.

Article 3 General principles of the competition

1. Actions which bring or can lead to competition restriction, infringement of legitimate interests of other business entities or consumers, or are manifestation of unfair competition, are considered as inadmissible and are qualified according to the antitrust law of the State Parties.

2. Treat the actions specified in Item 1 of this Article:

1) abuses of dominant position, in particular:

imposing (maintenance) of purchase or selling prices or other unfair terms of transaction for receipt of exclusively high profit or elimination of competitors;

restriction of production or sale for the purpose of unreasonable price increase, creation or maintenance of deficit in the corresponding market to the detriment of consumers;

application to the managing partners of unequal approach under equal conditions that creates for them unequal conditions to the competition;

creation of obstacles of access to the market to other business entities;

2) anti-competitive agreements between business entities and other types of coordinated actions which can limit freedom of the competition in the goods markets or their corresponding part by means of:

the Section of the goods market by the territorial principle, sales volume or purchases, on assortment or circle of consumers;

restrictions of access to the corresponding goods market of other business entities as sellers or buyers;

establishments purchased go selling prices or other terms of transaction;

control over production, sale, technical development, investment processes;

imposings to economic partners of the additional terms of the transaction which are not relating to subject of this agreement and infringing their interests;

uses of unequal approach to the managing partners under equal conditions that creates adverse conditions for the competition in the corresponding goods market;

3) unfair competition, in particular:

distribution of the false, inexact or distorted data capable to cause losses to other business entity or to cause damage to its goodwill;

introduction of consumers in delusion concerning nature, method and the place of production, consumer properties, goods quality;

incorrect comparison by business entity in the course of its advertizing activities of the goods made or realized by it with goods of other business entities;

unauthorized use of the trademark, trade name or marking of goods, and also copying of form, packaging, external design of goods of other business entity;

obtaining, use, disclosure of scientific and technical, production or trade information, including trade secret, without the consent of its owner.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info