On the outcome of the I-st half of 2010
In order to build and develop the competitive environment at the markets of the Republic by Ministry of Economy, regional executive committees, Minsk City Council in January-June 2010, the work on prevention, restriction and suppression of monopolistic manifestations of economic entities, which occupy the dominant position on commodity markets and government, is continued .
03/11/2010 the Decree of the President of the Belarusian Republic № 149, named "the Decree on amendments and additions to the Decree of the President of the Belarusian Republic, of May 19, 1999 № 285 and from October 23, 2006 № 631", that provides the selection of controls antitrust and price policy in independent business division executive committees.
the draft Law of Belarus, named "The law on amendments and additions to some of the codes of the Republic of Belarus on the issues of criminal and administrative liability for antitrust laws violation”, that provides the strengthening of the administrative liability, economic introduction and improvement of criminal liability for violation of antitrust laws, was developed and agreed with the Ministry of Justice of the Republic of Belarus.
On the basis of formation and maintenance of the state register of economic entities with dominant position at commodity markets (hereinafter - the Register) , on the results of the study of commodity markets the dominant position of the of economic entities was established and included in the Registry:
At the national level -6 economic entities;
At the local level - 43 economic entities.
At the local level 19 businesses were excluded from the Register.
According to the Decree of the President of the Republic of Belarus№ 499 of 13.10.2009, named "the decree on some measures of improing the anti-monopoly regulation and competition", it was made 6 agreements with legal entities with dominant position, where the binding conditions which preclude the monopolistic activities of these entities as well as the limits of change of prices (tariffs) for goods (works, services) are stated.
In order to prevent the occurrence and avertion prevention of strengthening the dominant position at the commodity markets, there was a constantly exercising state control over economic concentration, including:
at the national level - issued 14 opinions on the agreement on the establishment of holding companies, associations, unions and business groups, subject to compliance with antitrust laws, 7 of them are aimed at reorganization of the businesses through a merger, 4 – at the reorganization of legal entities with dominant position on commodity markets in joint stock companies, 12 –at making deals for acquiring shares (equity) in the statutory funds of legal persons;
at the local level - considered 41 projects the creation, reorganization of economic entities and their associations. Following the review of applications compatible 14 reorganization by merger of business entities, the conversion of five businesses in the local level - considered 41 projects the creation, reorganization of economic entities and their associations. Following the review of applications 14 reorganization were made by merger of business entities, the conversion of five businesses in the JSC, the creation of 2 associations, 8 holdings.
10 applications for approval of transactions to acquire shares (stakes) in the statutory funds of economic entities were considered, 8 of them agreed, applications for two appeals of the competition authority do not require approvals.
In the scope of the state antimonopoly control over observance of antimonopoly legislation it was discussed:
at the national level - 140 applications from economic entities, governments and citizens on the issues of antitrust regulation and control, including the 25 –on the issues of antitrust laws violations.
The College of Price Policy Department of the Ministry of Economy made the decisions for the 9 allegations of violations of the antimonopoly legislation in terms of unfair competition, including the recognition of the 6 cases of unfair competition (Article 14.2 of “The Law on Counteraction to Monopolistic Activities and Promotion of Competition ( hereinafter – the Law), that there is no unfair competition in 4 of the statement;
at the local level - over 118 letters and statements on the issues of antitrust regulation and compliance with antitrust laws. Within the observance of antimonopoly legislation by regional executive committees, Minsk City Council established seven cases of violations of antitrust laws, five admitted by economic establishments and two –by governments.