RESOLUTION OF THE MINISTRY OF ECONOMICS OF THE REPUBLIC OF BELARUS

of June 17, 2015 No. 34

About approval of the Instruction about procedure for factual determination of availability (absence) for antitrust violation

Based on the paragraph of third subitem 2.2 of Item 2 of article 9 of the Law of the Republic of Belarus of December 12, 2013 "About counteraction of monopolistic activities and development of the competition", subitem 6.1 of Item 6 of the Regulations on the Ministry of Economics of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 967 "Single questions of the Ministry of Economics of the Republic of Belarus", the Ministry of Economics of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for factual determination of availability (absence) for antitrust violation.

2. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of Economics of the Republic of Belarus of June 17, 2015 No. 34

The instruction about procedure for factual determination of availability (absence) for antitrust violation

1. This Instruction determines procedure for factual determination of availability (absence) for violation by business entities, officials of business entities - legal entities, state bodies, their officials, and also the physical persons who are not belonging to business entities, the antitrust law.

2. For the purposes of this Instruction terms and their determinations in the values determined by the Law of the Republic of Belarus of December 12, 2013 "About counteraction of monopolistic activities and development of the competition" are used (The national legal Internet portal of the Republic of Belarus, 19.12. 2013, 2/2092).

3. The fact of availability (absence) of antitrust violation is determined on the basis:

the documents and (or) data arriving from state bodies and specifying availability of signs of antitrust violation;

appeals (offers, statements, claims) of business entities, state bodies, the physical persons which are not belonging to business entities, containing the data specifying availability of signs of antitrust violation (further - addresses);

the data received within implementation by antimonopoly authority of the powers established by the legislation and signs of antitrust violation specifying availability;

the data received from messages in mass media and specifying availability of signs of antitrust violation;

the documents and (or) data received as a result of carried out by antimonopoly authority in the procedure for test established by the legislation and the signs of antitrust violation specifying availability.

4. Factual determination of availability (absence) of antitrust violation is performed:

4.1. managements of antimonopoly and price policy regional (The Minsk city) executive committees in the location (residence) of person concerning which there is information on making of action (failure to act) containing signs of antitrust violation or on the place of making of the specified action (failure to act);

4.2. Department of price policy of the Ministry of Economics of the Republic of Belarus (further - Department) if there is information on making of action (failure to act) containing signs of antitrust violation:

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, subordinate (accountable) to the President of the Republic of Belarus, the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus;

local executive and administrative organs of regional territorial level;

the business entities included in the State register of the business entities holding dominant position in the goods markets of the Republic of Belarus (republican level) or in the State register of subjects of natural monopolies of the Republic of Belarus (republican level) if the actions (failure to act) containing signs of antitrust violation are connected with their dominant position;

several persons performing activities (being) in the territories of the different goods markets.

5. In case of receipt in antimonopoly authority of the address, other documents and (or) the data which consideration is not referred to its competence according to item 4 of this Instruction the specified addresses, other documents within five working days from the date of receipt are subject to the direction in the relevant antimonopoly authority according to competence with the simultaneous notification of person who filed (sent) the appeal, other documents and (or) data.

6. For factual determination of availability (absence) of antitrust violation antimonopoly authority:

estimates the received documents and (or) data regarding contents in them of information important for factual determination of availability (absence) of antitrust violation;

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