DECISION OF THE SUPREME EURASIAN ECONOMIC COUNCIL

of December 19, 2012 No. 29

About approval of Criteria of reference of the market to cross-border

The supreme Eurasian economic council at the level of heads of states solved:

Approve Criteria of reference of the market (are applied) to cross-border.

Members of the Supreme Eurasian economic council:

Approved by the Decision of the Supreme Eurasian economic council of December 19, 2012, No. 29

Criteria of reference of the market to cross-border

1. These Criteria are developed based on Item 2 of article 74 of the Agreement on the Eurasian Economic Union of May 29, 2014 (further – the Agreement) and according to Item 7 of article 76 of the Agreement are applied to the purposes of determination of competence of the Eurasian economic commission on suppression of violations of general competition rules by business entities (subjects of the market) of state members of the Eurasian Economic Union (further respectively – business entities, state members).

2. For the purpose of application of the general competition rules established in article 76 of the Agreement, the market belongs to cross-border if geographical boundaries of the goods market cover the territories of two and more Parties.

3. Suppression of violations by business entities of state members <*> of the prohibitions established in Item 2 of article 76 of the Agreement is performed by the Eurasian economic commission if the following condition is satisfied:

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<*> Provision of these Criteria, belonging to business entities, extend also to group of persons.

the business entity whose actions break the established prohibition and business entity - the competitor (competitors) to whom (which) it is caused or the damage can be caused either is put or harm can be done to goodwill as a result of making of such actions, are registered in the territories of different state members.

4. Suppression of violations by business entities of state members of the prohibitions established in Items 3 – the 5th article 76 of the Agreement, is performed by the Eurasian economic commission if the following condition is satisfied:

at least, two business entities, whose actions bring or can lead to violation of prohibition, are registered in the territories of different state members.

5. Suppression of violations business entities of state members of the prohibitions established in Item 1 of article 76 of the Agreement is performed by the Eurasian economic commission if the following conditions are in total satisfied:

the share of sales amount or purchase of the business entity holding dominant position in the goods market corresponding to criteria lead stipulated in Item 2 these Criteria, and whose actions to violation of the established prohibition, from the total amount of the goods addressing in the territory of each of the state members affected by violation constitutes at least 35 percent;

violation of prohibition brings or can lead to non-admission, restriction, elimination of the competition in the goods market corresponding to criteria, stipulated in Item 2 these Criteria or to infringement of interests of other persons in the territories of two and more state members;

or

the cumulative share of sales amount or purchase of several business entities, each of which holds dominant position in the goods market corresponding to criteria, stipulated in Item 2 these Criteria, and whose actions lead to violation of the established prohibition, from amount of the goods addressing in the territory of each of the state members affected by violation constitutes for no more than three business entities - at least 50 percent, or no more than for four business entities - at least 70 percent (this Provision is not applied, if share at least of one of the specified business entities of less than 15 percent in the territory of each of state members);

during the long period (within at least than one year or if such term constitutes less than one year, during the term of existence of the corresponding goods market) the relative sizes of shares of business entities are invariable or subject to insignificant changes, and also access to the corresponding goods market of new competitors is complicated;

the implementable or acquired by business entities goods cannot be replaced with other goods in case of consumption (including in case of consumption in the production purposes), growth of the price of goods is not caused by the decrease in demand for these goods corresponding to such growth, price information, about sales terms or acquisitions of these goods in the corresponding goods market is available to the uncertain group of people;

violation of prohibition brings or can lead to non-admission, restriction, elimination of the competition in the goods market corresponding to criteria, stipulated in Item 2 these Criteria or to infringement of interests of other persons in the territories of two and more state members.

6. These Criteria are applied to subjects of natural monopolies taking into account the features provided by the Agreement and (or) international treaties within the Eurasian Economic Union.

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