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DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of November 23, 2012 No. 98

About the Procedure for conducting investigation of violations of general competition rules in the cross-border markets

(as amended on 14-06-2018)

Council of the Eurasian economic commission solved:

1. Approve the Procedure for conducting investigation of violations 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.

Members of council of the Eurasian economic commission:

 

from the Republic of Belarus

S. Rumas

from the Republic of Kazakhstan 

K. Kelimbetov

from the Russian Federation

I. Shuvalov

Approved by the Decision of Council of the Eurasian economic commission of November 23, 2012, No. 98

Procedure for conducting investigation of violations 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 when carrying out by the Eurasian economic commission (further – the Commission) investigations of violations stipulated in Clause 76 Agreements of general competition rules 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. Investigation of violations of general competition rules in the cross-border markets (further - investigation) is made for the purpose of:

1) establishments of signs of violation of general competition rules in the cross-border markets;

2) determinations of business entities (subjects of the market) in which actions contain (are seen) signs of violation of general competition rules in the cross-border markets.

3. The bases for conducting investigation are:

1) the determination about conducting investigation accepted following the results of consideration of the application (materials) about abuse of regulations of the competition according to the Procedure for consideration of the applications (materials) about violation of general competition rules in the cross-border markets approved by the Decision of Council of the Eurasian economic commission of November 23, 2012 No. 97 in the cross-border markets;

2) the determination about conducting investigation accepted in case of availability of possible signs of violation of general competition rules in the cross-border markets found by the Commission.

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

II. Conducting investigation

5. Investigation is made by the officials and (or) the staff of the structural division 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), specified in determination about the conducting investigation accepted according to the Procedure for consideration of the applications (materials) about violation of general competition rules in the cross-border markets approved by the Decision of Council of the Eurasian economic commission of November 23, 2012 No. 97.

In case of change of list of the officials and (or) staff of authorized structural division of the Commission specified in determination about conducting investigation 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) takes out 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.

Investigation is made in time, not exceeding 90 working days from the date of signing of determination about conducting investigation.

6. In case of insufficiency of the data allowing to draw conclusion on availability or on lack of signs of violation of general competition rules in the cross-border markets for collection and the analysis of additional data the member of Board of the Commission supervising questions of the competition and anti-monopoly regulation having the right to extend the term of conducting investigation, but no more than for 60 working days) about what the corresponding determination which copy 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 is taken out.

The officials and (or) staff of authorized structural division of the Commission making investigation no later than 10 working days before the end of conducting investigation prepare the petition for prolongation of term of conducting investigation containing reasons for need of such prolongation and represent it together with the project of determination about prolongation of term of conducting investigation to the member of Board of the Commission supervising questions of the competition and anti-monopoly regulation.

The member of Board of the Commission supervising questions of the competition and anti-monopoly regulation no later than 3 working days from the date of receipt by it of the petition and the project of determination about prolongation of term of conducting investigation accepts one of the following decisions:

about prolongation of term of conducting investigation about what the corresponding determination is taken out;

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