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Ministry of Justice

Republic of Tajikistan

 On June 2, 2017 No. 41

LAW OF THE REPUBLIC OF TAJIKISTAN

of May 30, 2017 No. 1417

About protection of the competition

(as amended of the Law of the Republic of Tajikistan of 19.07.2022 No. 1912)

Accepted by the Resolution MH MOPT of February 1, 2017, No. 686

Approved by the Resolution MM MORT of May 18, 2017, No. 383

This Law determines the organizational and legal basis of protection of the competition, governs the relations on creation and providing favorable conditions for development of the competition, effective activities of the goods markets, to providing common economic space and free economic activity.

Chapter 1. General provisions

Article 1. Scope of this Law

1. This Law extends to the relations directed to protection of the competition, including the prevention, restriction, prevention and suppression of monopolistic activities and unfair competition in the goods and financial markets. Physical persons and legal entities of the Republic of Tajikistan, foreign persons, individual entrepreneurs, state bodies, local executive bodies of the government, the self-government institutions of settlements and villages, other state organizations performing them functions, and also state non-budgetary funds, financial institutions and National Bank of Tajikistan participate in these relations.

2. The law is applied to all types of the actions and agreements (transactions) influencing the competition, concluded and made by physical persons and legal entities including foreign persons, individual entrepreneurs and other organizations, and also to the transactions and the relations connected with production fixed assets, intangible assets or shares and shares of business entities, the rights of the commercial organizations performing the activities in the territory of the Republic of Tajikistan.

3. The law is also applied to the agreements signed outside the Republic of Tajikistan by bodies and persons identified by part of 1 this Article and also concerning the actions made by them if such agreements and actions bring or can lead to restriction of the competition in the goods markets.

4. This Law does not extend to the relations connected with use of the objects having intellectual property right, except as specified when agreements (transaction) and registration about their use are directed to competition restriction.

Article 2. Basic concepts

1. In this Law the following basic concepts are used:

- the goods market - the sphere of the address of goods or interchangeable goods which is determined by economic, territorial and technological capability of the buyer, for purchase of goods;

- the controlled markets - the goods markets in which state regulation of the prices is entered into compliance with the antitrust law of the Republic of Tajikistan;

- group of persons - set of the physical persons and legal entities corresponding to one or several signs and conditions provided in this Law;

- the state and local preferences - provision by state bodies, local executive bodies of the government, self-government institutions of settlements and villages, and also the authorized organizations performing functions of the specified bodies, individual privileges and (or) benefits to one or several business entities who are provided with advantageous conditions of activities in the goods and financial markets (works, services);

- the consumer - the physical person or legal entity acquiring goods (works, services);

- economic concentration - transactions and other actions, including creation and reorganization (accession, consolidation, merge) of business entities, the transactions connected with shares, shares and property of business entities, the implementation right which influences competitive situation;

- goods - object of the civil laws (works, services, including financial services), held for sale, exchange or other its introduction in civil circulation;

- interchangeable goods - group of the goods comparable on their appointment, method of application, quality and technical characteristics, the price and other parameters in such a way that the buyer in the course of consumption actually can replace one goods with another (including in case of production);

- dominant position - the exclusive provision of one or several business entities (group of persons) in the market of certain goods who do not have replacing, or interchangeable goods (further - certain goods), which is also giving it (it) the chance to exert decisive impact on general terms of the address of goods in the corresponding goods market or to complicate access to the market to other business entities;

- incorrect comparison - the comparison or the statement discrediting the certain competitor or competitors in general and also the made or implementable goods concerning goods of other business entities;

- monitoring of the goods and financial market - carrying out the economic analysis in certain goods market (works, services), identification and suppression of signs of offense which result from abuse of the dominating or monopoly position, except for offenses, stipulated by the legislation the Republic of Tajikistan in the field of natural monopoly;

- exclusively high price of goods - the goods price established by the business entity holding dominant position in the goods market if this price considerably exceeds the amount of economically reasonable production costs and realization of such goods and profit, and also the price which is established in the conditions of the competition in the comparable goods market by the business entities who are not entering with buyers (sellers) of goods one group of persons and not having dominant position in the comparable goods market;

- exclusively low price of goods - the goods price established by the business entity holding dominant position in the goods market if this price is lower than the amount of economically reasonable production costs and profit in case of production and realization of such goods or the price of goods which the low price established in the conditions of the competition in the comparable goods market by the business entities who are not entering with buyers (sellers) of goods one group of persons and not having dominant position in such comparable goods market;

- unreasonably high price of financial service and unreasonably low price of financial service - the price of financial service established by the business entity holding dominant position which significantly differs from the price operating in the conditions of the competition in the market of financial services complicates access to the goods market to other financial institutions and (or) exerts negative impact on the competition in the goods market;

- competitive price of financial service - the price according to which the financial service can be rendered in competition conditions;

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