DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of November 23, 2012 No. 99

About the Procedure for hearing of cases about violation of general competition rules in the cross-border markets

Council of the Eurasian economic commission solved:

1. Approve the Procedure for hearing of cases about violation of general competition rules in the cross-border markets it (is applied).

2. This Decision becomes effective after decision making of the Supreme Eurasian economic council fixing the fact of execution of the requirements provided by articles 29 and 30 of the Agreement on the single principles and competition rules of December 9, 2010 and enforcement of the agreement determining procedure for protection of confidential information and responsibility for its disclosure after 10 calendar days from that date of entry into force of the specified acts which is later.

Approved by the Decision of Council of the Eurasian economic commission of November 23, 2012, No. 99

Procedure for hearing of cases about violation of general competition rules in the cross-border markets

I. General provisions

1. This Procedure is developed according to Item 11 of the Protocol on the general principles and competition rules (appendix No. 19 to the Agreement on the Eurasian Economic Union of May 29, 2014) (further respectively – the Protocol, the Agreement) and is applied by the Eurasian economic commission (further – the Commission) when implementing the procedure of hearing of cases about violation of the general competition rules established in article 76 of the Agreement in the cross-border markets in the territories of two and more state members of the Eurasian Economic Union (further respectively – the cross-border markets, state members).

2. Case on competition abuse of regulations (further - proceedings) is initiated and considered in the presence of signs of abuse of regulations of the competition based on the determination about excitement and consideration of the case accepted following the results of conducting investigation of violations of general competition rules in the cross-border markets, the approved Decision of Council of the Eurasian economic commission of November 23, 2012 No. 98 according to Procedure for conducting investigation of abuses of regulations of the competition.

3. In this Procedure the concepts determined in Item 2 of the Protocol are used.

II. Commission on consideration of the case

4. Case is considered by the commission on consideration of the case about the competition abuse of regulations (further - the commission on consideration of the case) consisting of the chairman, the vice-chairman and members of the commission on consideration of the case.

In case of change of structure of the commission on consideration of the case, and also responsible for interaction with the Commission when conducting investigation of the staff of public authorities of state members by it whose competence includes realization and (or) carrying out competition (anti-monopoly) policy

(further – authorized bodies), the corresponding determination about change of structure which is signed by the member of Board of the Commission supervising questions of the competition and anti-monopoly regulation is taken out.

The copy of determination goes to the applicant, and also authorized bodies within 3 working days from the date of its signing by any available method allowing to determine the fact of receipt of the copy of such determination by them.

5. Commission chairman on consideration of the case is the member of Board of the Commission supervising questions of the competition and anti-monopoly regulation, or on its written order the head of the structural unit of the Commission, authorized in the field of control of observance of general competition rules in the cross-border markets (further – authorized structural division of the Commission).

6. Members of the commission on consideration of the case are officials and (or) the staff of authorized structural division of the Commission. The number of members of the commission on consideration of the case shall be at least 3 people.

One of members of the commission on consideration of the case who is the official of authorized structural division of the Commission is appointed the vice-chairman of the commission on consideration of the case who performs in case of absence of the commission chairman on consideration of the case of its obligation.

The officials and (or) staff of authorized structural division of the Commission making investigation of violations of general competition rules in the cross-border markets cannot be included the commissions on consideration of the case, initiated by results of such investigation.

7. The commission on consideration of the case is competent to consider case if at meeting there are at least two thirds of total number of members of the commission on consideration of the case.

8. In case of lack of quorum for consideration of the case and (or) the commission chairman on consideration of the case the members of the commission who are present at meeting on consideration of the case make the decision on adjournment of consideration of the case and on purpose of new date of its consideration which is drawn up by determination.

9. The commission on consideration of the case has the right to carry out the stenograph, audio-or video of the meeting.

10. On commission session on consideration of the case by one of her members the protocol is taken.

The stenograph, audio-or the video containing on the material carrier is attached to case papers.

III. Persons who are involved in consideration of the case

11. Persons who are involved in consideration of the case are:

1) the applicant - person who submitted the application;

2) the defendant - business entity (the subject of the market) against whom it is initiated and proceedings are considered;

3) interested persons are persons whose rights and legitimate interests are infringed in connection with excitement and consideration of the case;

4) authorized bodies, irrespective of the basis of initiation of proceedings.

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