Violation of antimonopoly legislation

In accordance with subparagraph 1.1 of paragraph 1 of Article 9 of the Law of the Republic of Belarus of December 12, 2013 “On Counteracting Monopolistic Activity and Developing Competition”, the antimonopoly authority reviews appeals (proposals, applications, complaints) of economic entities, state bodies, individuals not related to economic entities subjects:

- on the violation of the antimonopoly legislation, including the implementation of unfair competition;

- on the compliance of agreements and other actions of economic entities with antimonopoly legislation.
 

The main forms of violation of the antimonopoly legislation are:

1. abuse of an economic entity by a dominant position;

2. agreements, concerted actions of economic entities that lead or may lead to the prevention, restriction or elimination of competition;

3. acts and actions (inaction), agreements and concerted actions of state bodies with another state body or economic entity that have or may result in preventing, restricting or eliminating competition and (or) damaging rights, freedoms and legitimate interests of the legal entities and individuals as a result of competition;

4. unfair competition.
 

The fact of availability (absence) of violation of the antimonopoly legislation is established by the antimonopoly authority on the basis of:

• documents and (or) information coming from state bodies and indicating the presence of signs of violation of antimonopoly legislation;

• appeals (proposals, applications, complaints) of economic entities, state bodies, individuals not related to economic entities, containing information indicating the presence of signs of violation of the antimonopoly legislation;

• information received within the framework of the antimonopoly authority's exercise of the powers established by law and indicating the presence of signs of violation of the antimonopoly legislation;

• information received from the mass media and indicating the presence of signs of violation of the antimonopoly legislation;

• documents and (or) information obtained as a result of an audit conducted by the antimonopoly authority in accordance with the procedure established by legislation and indicating the presence of signs of violation of the antimonopoly legislation.

The Instruction on the procedure for establishing the fact of the availability (absence) of a violation of the antimonopoly legislation approved by the Resolution of the Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus No. 42 of November 25, 2016, has established the procedure for establishing the availability (absence) of a violation of the antimonopoly legislation.

Responsibility for violation of the antimonopoly legislation is provided in accordance with the provisions of the Decree of the President of the Republic of Belarus No. 114 dated February 27, 2012 “On Certain Measures to Strengthen State Antimonopoly Regulation and Control” and the Criminal Code of the Republic of Belarus.