THE RESOLUTION OF THE NATIONAL COMMISSION ON PROTECTION AND DEVELOPMENT OF THE COMPETITION IN CASE OF THE PRESIDENT OF THE KYRGYZ REPUBLIC

of July 20, 1999 No. 62-HK

About approval of the Procedure for hearing of cases about antitrust violations

For reduction of regulations in compliance with the Presidential decree of the Kyrgyz Republic "About the National commission on protection and development of the competition in case of the President of the Kyrgyz Republic" of October 1, 1998 N 290 and in pursuance of the order of the chairman of the National commission of January 12, 1999 N 3 National commission decides:

1. Approve new edition of the Procedure for hearing of cases about antitrust violations.

2. Declare invalid the order of State department on the antimonopoly policy under the Ministry of Finance of the Kyrgyz Republic "About approval of the Procedure for hearing of cases about antitrust violations" of July 20, 1997 N 42.

3. To administration (Gentsle) to bring this resolution to chiefs of managements and departments of the office of the National commission and chiefs of territorial administrations for management in work.

4. To impose control of execution of this resolution on the vice-chairman.

Approved by the resolution of the National commission on protection and development of the competition in case of the President of the Kyrgyz Republic of July 20, 1999 No. 62-HK

Procedure for hearing of cases about antitrust violations

Section I. General provisions

1. Cases on antitrust violations are considered by the National commission on protection and development of the competition in case of the President of the Kyrgyz Republic (further - antimonopoly authority) and its territorial administrations based on statements of physical persons, business entities, bodies of authority and management, societies and consumers unions, representation of the prosecutor and on own initiative antimonopoly authority.

The antimonopoly authority considers case on own initiative in case of receipt of the data by his officials testimonial of signs of antitrust violation, from physical persons and legal entities, through mass media, by results of performed.

2. The application is submitted to antimonopoly authority in writing with application of documents (in the original or properly verified copies), testimonial of the facts of antitrust violation. Documents in foreign languages are submitted with appendix of certified translation.

The statement shall contain the following data:

- information about the applicant;

- the name of business entity concerning which the application is submitted;

- description of antitrust violation;

- being of requirements and offers.

The documents and statements containing trade secret are not subject to disclosure.

3. The antimonopoly authority considers the arrived application in 3-day time from the date of its receipt. In case of the insufficiency or failure of evidence allowing to come to conclusion about availability or lack of signs of antitrust violation additional data can be requested from the applicant. The antimonopoly authority for collection and the analysis of corroborating evidences has the right to extend the term of consideration of the application up to 10 days from the moment of its receipt.

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