Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The document ceased to be valid since  September 1, 2018 according to the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of August 1, 2018 No. 61

RESOLUTION OF THE MINISTRY OF ANTI-MONOPOLY REGULATION AND TRADE OF THE REPUBLIC OF BELARUS

of November 25, 2016 No. 42

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 6.49 of Item 6 of the Regulations on the Ministry of the anti-monopoly regulation and trade of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of September 6, 2016 No. 702 "Questions of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus", the Ministry of anti-monopoly regulation and trade 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.

Minister

V. V. Koltovich

Approved by the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of November 25, 2016 No. 42

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 by antimonopoly authority 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. 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;

determines regulations of the antitrust law which are subject to application;

determines the fact of availability (absence) of antitrust violation.

5. During factual determination of availability (absence) of antitrust violation the antimonopoly authority has the right to request from business entities, officials of business entities - legal entities, state bodies, their officials, physical persons which are not belonging to business entities with observance of requirements of the legislation on trade secret, and also legislations on information, informatization and information security documents, information, explanations in written and (or) oral form.

6. By results of factual determination of availability (absence) of antitrust violation by antimonopoly authority the decision is made. The solution is from introduction, descriptive and motivation and resolutive parts.

In the prolog time and the place of decision making, the name of antimonopoly authority, cases in point are specified.

In descriptive and motivation part are specified:

the established circumstances, including antitrust violations, testimonial of the fact of availability (absence);

documents and (or) data on which conclusions about such circumstances are based;

the regulations of the antitrust law which are subject to application.

In substantive provisions are specified:

conclusions about availability (absence) of the fact of antitrust violation;

procedure for appeal.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.