of June 2, 2012 No. 362
About approval of the Procedure for hearing of cases about antitrust violations in the field of unfair competition
According to the Law of the Kyrgyz Republic "About the competition" the Government of the Kyrgyz Republic decides:
1. Approve the Procedure for hearing of cases about antitrust violations in the field of unfair competition according to appendix.
Approved by the Order of the Government of the Kyrgyz Republic of June 2, 2012, No. 362
1. This Procedure extends to legal entities and physical persons, state bodies and local government bodies which actions limit and eliminate free competition in the markets of the Kyrgyz Republic.
This Procedure does not extend to the cases falling under the signs of administrative offense in the field of unfair competition considered according to the Code of the Kyrgyz Republic about the administrative responsibility.
2. The basis for hearing of cases on unfair competition are statements of physical persons and legal entities, state bodies, local government bodies, and also publications in mass media.
The state antimonopoly authority and its territorial authorities (further - antimonopoly authority) have the right to initiate hearing of cases on unfair competition, including by results of performed.
In address cases with statements on the facts of unfair competition territorial authorities consider materials independently and send information on the taken measures to central office of antimonopoly authority.
3. The proofs in case allowing to determine availability or lack of violation of article 8 of the Law of the Kyrgyz Republic "About the competition" are:
- monitoring of the prices;
- video records;
- publications in mass media;
- analysis results of competitive environment in the market;
- conclusions of examinations;
- conclusions of the relevant authorized bodies;
- letters of legal entities and physical persons, state bodies and local government bodies;
- the data which are posted online.
4. The application can be submitted to antimonopoly authority in written or oral form. The application is in writing submitted with application of documents (in the original or properly verified copies), testimonial of the facts of unfair competition. Documents in foreign languages are submitted with appendix of certified translation on the state or official language. Application in oral form is issued by the protocol.
The statement shall contain the following data:
1) information about the applicant:
- for legal entities - the name of the legal entity and his location, First Name, Middle Initial, Last Name, phone number and the head's fax;
- for physical persons - First name, middle initial, last name, the residence, phone number. The copy of the identity document is attached;
- for person, the representative to act and represent the interests of person (applicant), - First name, middle initial, last name, the residence, phone number, the written proof of powers of the representative which is drawn up in the procedure established by the legislation to the Kyrgyz Republic. The copy of the identity document is attached;
2) the name of business entity concerning which the application is submitted;
3) description of the facts (actions) of unfair competition;
4) being of requirements and offers;
5) other data necessary for consideration of the case on manifestation of unfair competition.
The application is signed by the applicant or the head of the legal entity. The signature of the head of the legal entity is certified by seal the legal entity, with indication of number, month and year of filing of application.
If the application is submitted through the representative, then the power of attorney which is also issued in the procedure established by the law shall be provided.
The application is directed to antimonopoly authority by mail, other stipulated by the legislation method.
5. Availability or lack of violation of the law in the field of unfair competition is established during consideration of the case on unfair competition.
In the presence of signs of violation of article 8 of the Law of the Kyrgyz Republic "About the competition" the head (deputy manager) of antimonopoly authority passes the decision on consideration of the case.
Representatives of state bodies, local government bodies, public associations, and also other interested persons can be invited to meeting.
6. In 3-day time the decision in which the place is specified date and time of consideration of the case, is brought to the attention of the parties. The decision goes the registered mail or is handed to agents of the parties on receipt. At the same time the mail or other documents testimonial of finishing the decision are filed.
7. Party litigants are applicants and persons concerning whom case on antitrust violation in the field of unfair competition is considered.
8. Cases on antitrust violations in the field of unfair competition are considered within 30 days from the date of registration of a statement in antimonopoly authority.
In the course of consideration of materials about antitrust violation in the field of unfair competition find out the following questions:
Whether 1) enough available data for substantive prosecution:
- availability of signs of violation of article 8 of the Law of the Kyrgyz Republic "About the competition";
- availability of the documents confirming unfair competition;
- authenticity of information about the applicant and about business entity concerning whom the application is submitted;
Whether 2) there are petitions.
For explanation of the questions arising when considering the case requiring special knowledge, the antimonopoly authority has the right to recruit in consideration of the case of experts and specialists who for preparation and making the conclusions can get acquainted with case papers. Fee of independent experts and specialists is performed at the expense of means of the republican budget.
9. At meeting on consideration of materials explanations of person concerning which case, testimonies of other persons who are involved in consideration of the case, explanations of specialists and experts, etc. is considered are heard.
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