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LAW OF THE REPUBLIC OF BELARUS

of December 12, 2013 No. 94-Z

About counteraction of monopolistic activities and development of the competition

(In edition of the Law of the Republic of Belarus of 08.01.2018 No. 98-Z)

This Law determines the organizational and legal basis of counteraction of monopolistic activities and unfair competition and is aimed at providing conditions for development of the competition, creation and effective functioning of the goods markets.

Chapter 1. General provisions

Article 1. The main terms used in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are used:

the vertical agreement – the agreement between business entities, one of whom acquires goods or intends to acquire it, and another provides goods or is his potential seller;

interchangeable (similar) goods – in such a way that the consumer replaces or one goods are ready to replace with another goods which can be comparable on their functional purpose, application, quality and technical characteristics, the price (rate) and other parameters in case of consumption, including in case of consumption in the production purposes;

state bodies – National Bank of the Republic of Belarus, Administration of the President of the Republic of Belarus, National academy of Sciences of Belarus, other state bodies and the state organizations, the subordinate Republic of Belarus (accountable) to the President, the Administration of the President of the Republic of Belarus, republican state bodies and other state organizations subordinated to Council of Ministers of the Republic of Belarus, the local executive and administrative organs, other organizations performing functions of the specified bodies, and also the temporary or permanent interdepartmental forming consisting of representatives of state bodies which acts of the legislation are given separate state powers of authority;

discrimination conditions – conditions of access to the goods market, and also conditions of production (production), exchange, consumption, acquisition, sale, other transfer of goods under which the business entity or several business entities are put in unequal position in comparison with other business entity or other business entities taking into account conditions, the restrictions and features established by international treaties of the Republic of Belarus;

purchase of goods – purchase of goods on competitive basis in which accept or two and more participant, including purchase of goods when implementing public procurements (except for procurement procedures from one source), purchases at the expense of own means (except for procurement procedures from one source), purchases can take part in case of construction;

competitors are the business entities performing sale and (or) purchase of goods in one goods market;

the competition – competitiveness of business entities in case of which independent actions of each of them exclude or limited opportunity unilaterally to influence general terms of the goods circulation in the corresponding goods market;

monopolistic activities – abuse of business entity, group of persons of the dominant position, the conclusion of agreements or making of coordinated actions, and also making of other actions (failure to act) directed to non-admission, restriction or elimination of the competition and prohibited by this Law and other acts of the antitrust law;

unfair competition – the actions of business entity directed to acquisition of benefits (benefits) in business activity or several business entities who contradict this Law and can cause to other legal acts and acts of the antitrust law or requirements of conscientiousness and rationality or caused losses to other competitors or can do or did harm to their goodwill;

the consumer – the physical person or legal entity intending to order, acquire or use goods or ordering, acquiring or using goods if in the latter case goods, including the component of other goods, is subject of the made or made civil transactions;

the seller – the business entity alienating goods or intending to perform its alienation;

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