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DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of December 17, 2012 No. 117

About the Technique of determination of exclusively high (low) prices

(as amended of the Decision of Council of the Evraziyisky economic commission of 18.10.2016 No. 95)

Council of the Eurasian economic commission solved:

1. Approve the Technique of determination of exclusively high (low) prices 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 December 17, 2012 No. 117

Technique of determination of exclusively high and (low) prices

I. General provisions

1. This Technique 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 – the Protocol) and is applied by the Eurasian economic commission according to its competence in case of control of observance of general competition rules in the cross-border markets in the territories of two and more states – members of the Eurasian Economic Union (further respectively – the cross-border markets, the Union) business entities (subjects of the market) holding dominant position in the cross-border markets.

2. In this Technique the concepts determined in Item 2 of the Protocol and also the concepts meaning the following are used:

"world market conjuncture" - sales terms in the world goods markets, level of demand, offers, the prices in these markets, tendency of their change;

"the adjacent markets", "wholesale markets", "retail markets" - are used in the values determined in the Technique of assessment of competitive situation approved according to Item 11 of the Protocol (further - competitive situation assessment Technique).

3. Exclusively high price is understood as the price established by the business entity (the subject of the market) holding dominant position in the presence of in total following conditions:

a) if this price exceeds the amount necessary for production and realization of such goods of expenses and profit;

b) if this price exceeds the price which was created in the conditions of the competition in the goods market comparable on the list of buyers or sellers of goods, conditions of the address of goods, conditions of access to the goods market, state regulation, including the taxation and customs and tariff regulation (further – the comparable goods market), in the presence of such market in the territory of the Union or beyond its limits.

4. The price established by the subject of natural monopoly within the rate for such goods determined according to the legislation of state members of the Union cannot be acknowledged exclusively high.

5. Exclusively low price is understood as the price established by the business entity (the subject of the market) holding dominant position in the presence of in total following conditions:

a) if this price is lower than the amount actual or necessary for production and realization of such goods of expenses and profit;

b) if this price of low price which was created in the conditions of the competition in the comparable goods market in the presence of such market in the territory of the Union or beyond its limits.

6. The price cannot be acknowledged exclusively low if its establishment by the seller of goods did not bring or could not lead to restriction of the competition in connection with reducing number of business entities (subjects of the market) which are not entering with sellers or buyers of goods one group of persons in the corresponding goods market.

II. Determination of exclusively high and exclusively low prices

7. Exclusively high price of goods is the price corresponding to the conditions specified in Item 3 of this Technique and established by the business entity (the subject of the market) holding dominant position in the way:

a) increases in earlier stated price of goods if at the same time the following conditions are satisfied in total:

the expenses necessary for production and sales of goods remained invariable or their change does not correspond to the change in price of goods;

the list of sellers or buyers of goods remained invariable or change of list of sellers or buyers of goods is insignificant;

the conditions of the address of goods in the goods market including caused by measures of state regulation including the taxation, customs and tariff regulation, remained invariable or their change is disproportionate to the change in price of goods;

demand and (or) goods offering remained invariable or their change is disproportionate to the change in price of goods;

influence of world market conjuncture remained invariable or its change is disproportionate to the change in price of goods;

influence of the adjacent markets remained invariable or its change is disproportionate to the change in price of goods;

b) maintenance or not decrease in earlier stated price of goods if at the same time the following conditions are satisfied in total:

the expenses necessary for production and sales of goods, significantly decreased;

the list of sellers or buyers of goods causes possibility of the change in price of goods towards reduction;

the conditions of the address of goods in the goods market including caused by measures of state regulation including the taxation, customs and tariff regulation, provide possibility of the change in price of goods towards reduction;

the shift in demand and (or) goods offerings causes possibility of the change in price of goods towards reduction;

influence of world market conjuncture causes possibility of the change in price of goods towards reduction;

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