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DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of December 17, 2012 No. 118

About the Calculation procedure and procedure for imposing of penalties for violation of general competition rules in the cross-border markets

(as amended on 23-11-2020)

Council of the Eurasian economic commission solved:

1. Approve the Calculation procedure and procedure for imposing of penalties for 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.

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. 118

Calculation procedure and procedure for imposing of penalties for violation of general competition rules in the cross-border markets

I. General provisions

1. These Technique and procedure are 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 determine procedures of payments of the size and imposing by the Eurasian economic commission (further - the Commission) penalties for legal entities, officials, individual entrepreneurs and physical persons for violation of general competition rules in the cross-border markets in the territories of two and more state members of the Eurasian Economic Union, stipulated in Article 76 Agreements on the Eurasian Economic Union of May 29, 2014 (further respectively – the cross-border markets, the Union, the Agreement), and also for non-presentation or untimely submission to the Commission of the data (information) provided by the Section XVIII of the Agreement and the Protocol including for non-presentation of data (information) upon the demand of the Commission, and it is equal for submission to the Commission of obviously false information (information).

2. For the purposes of application of the presents of the Technique and procedure the following concepts are used:

"revenue" - all receipts expressed in national currency and connected with calculations for the implemented goods in which market violation was made for the calendar year preceding year in which determination about excitement and consideration of the case about violation was taken out or for prior to date of removal of determination about excitement and consideration of the case about violation part of calendar year in which determination about excitement and consideration of the case about violation was taken out if the offender did not perform goods sales activity in prior calendar year;

"violation" – violation by the legal entity, official, individual entrepreneur or physical person of general competition rules in the cross-border markets, and also non-presentation or untimely submission to the Commission of the data (information) provided by the Section XVIII of the Agreement and the Protocol including non-presentation of data (information) upon the demand of the Commission, and is equal submission to the Commission of obviously false information (information), unless otherwise specified;

"offender" – the legal entity, the official, the individual entrepreneur or physical person recognized by the Commission according to the Procedure for hearing of cases about competition abuse of regulations approved by the Decision of Council of the Eurasian economic commission of November 23, 2012 No. 99,, the stipulated in Article 76 Agreements and also which did not provide or out of time provided to the Commission of the data (information), provided by the Section XVIII of the Agreement and the Protocol, including did not provide the data (information) upon the demand of the Commission and which equally provided obviously false information (information) to the Commission broke general competition rules in the cross-border markets;

"the cumulative amount of revenue" - all receipts expressed in national currency and connected with calculations for all sold goods in the markets in which the offender performs activities for the calendar year preceding year in which determination about excitement and consideration of the case about violation was taken out or for prior to date of removal of determination about excitement and consideration of the case about violation part of calendar year in which determination about excitement and consideration of the case about violation was taken out if the offender did not perform goods sales activity in prior calendar year.

3. In the presents the Technique and procedure the concepts determined in Item 2 of the Protocol are also used.

II. Calculation of the size of penalties

4. The size of penalty for violation is determined by the size of basic penalty taking into account the circumstances mitigating responsibility and the circumstances aggravating responsibility according to appendix No. 1.

The size of penalty for non-presentation or untimely submission to the Commission of the data (information) provided by the Section XVIII of the Agreement and the Protocol including non-presentation of data (information) upon the demand of the Commission, and equally in submission to the Commission of obviously false information (information) (except for Item 13 of this Technique) is determined by the size of basic penalty taking into account the circumstances mitigating responsibility and the circumstances aggravating responsibility according to appendix No. 2.

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