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DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of January 30, 2013 No. 7

About competitive situation assessment Technique

(as amended on 14-09-2021)

Council of the Eurasian economic commission solved:

1. Approve the Technique of assessment of competitive situation 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 January 30, 2013 N 7

Competitive situation assessment technique

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 respectively - the Protocol, the Agreement) for the purpose of implementation by the Eurasian economic commission (further - the Commission) powers on control of observance 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, the Union).

In this Technique the terms determined in article 2 of the Agreement are used.

2. This Technique is applied by the Commission also:

a) in case of investigation of violations of general competition rules in the cross-border markets, stipulated in Clause 76 Agreements;

b) in case of determination of geographical boundaries of the goods market for the purpose of establishment of its compliance to Criteria of reference of the market to cross-border, the approved Decision of the Supreme Eurasian economic council of December 19, 2012 No. 29 (further - Criteria);

c) in case of determination of dominant position in the goods market of the Union for the purpose of realization of Item 221 of the Protocol on application of special protective, anti-dumping and countervailing measures in relation to the third countries (appendix No. 8 to the Agreement) (further - appendix No. 8);

d) in case of factual determination of restriction of the competition in cases, stipulated in Item 87 Protocols.

3. Evaluating competitive situation includes the following stages:

a) determination of time frame of research of the goods market;

b) determination of product borders of the goods market;

c) determination of geographical boundaries of the goods market;

d) determination of structure of business entities (subjects of the market) (further - business entities) performing activities in the goods market;

e) calculation of amount of the goods market and share of business entities in the goods market;

e) determination of level of concentration of the goods market;

g) determination of barriers to entrance on the goods market;

h) competitive situation assessment in the goods market;

i) determination of dominant position of business entity in the goods market;

j) creation of the analytical report.

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