Summary results of the work in the field of antimonopoly control and regulation for 2009

In order to build and develop the competitive environment at the markets of the Republic, the  Ministry of Economy, in January-December 2009, continues to work on the  prevention, restriction7  and suppression of monopolistic manifestations of economic entities with dominant position in the commodity for the formation and development of the competitive environment in the markets of the Republic Ministry of Economy January-December 2009, work continued to prevent, control and suppression of monopolistic manifestations of economic entities with dominant position on commodity markets and government.

In order to improve and strengthen the response of antitrust regulation, aimed at creating conditions of competition for economic entities at commodity markets, the Decree of the President of the Republic of Belarus of October 13, 2009 № 499 " the Decree on some measures of improving the Antitrust regulation and Competition development" (hereinafter - the Decree ).

Pursuant to Section 2.3. of the Decree of the Ministry of Economy, in order to bring the regulations into conformity with the decree, it was adopted a resolution, with which the amendments s and supplements to the regulations of the Ministry of Economy of the Republic of Belarus in the field of competition policy (the Decree of the Ministry of Economy of 30.11.2009 № 188, named  "the decree on approval of Instruction on the order of the administrative procedure "Issuance of the document of consent to a transaction in shares, property share contributions to the property of cooperatives (shares), shares in statutory funds of legal entities" are made and amendments to some decisions on matters of  antitrust regulation ").

On the formation and maintenance of the state register of economic entities with dominant position on commodity markets, (hereinafter - the Register), the analysis of 40 product markets for the subject of  confirmation  or loss the dominant position by the economic entities, was made.

According to the analysis of the commodity markets, the  dominate position was stated and of eight economic entities were included in the Register,  7 economic entities, lost their dominant position and were excluded from the Register, on the issue of  3 business entities a number of headings was excluded , 9 companies maintained its dominant position on the relevant market.

In connection with the work on the corporatization of enterprises, on the issues of the requests of business entities, 79 certificates of finding (not finding) enterprises in the Registry were issued.

In order to prevent the occurrence and the averting of strengthening of a dominant position at the commodity markets state control over economic concentration was constantly exercising, including the agreed four reorganization by merger of economic entities; establishment of 6 associations and  a business group.

On the issue of implementation of the economic entities with dominant position at the market reorganization, it was  given 8 findings under the terms of the transformation of a business entity into a joint stock company during the process of state property privatization.

The terms of the requirements of the antimonopoly legislation,  2 Applications for consent to conduct transactions on the acquisition of shares by individuals, subject to compliance with antitrust laws, were reviewed and are satisfied with the conditions of following the antimonopoly laws. There were made clarifications   on transactions with shares of 16 economic entities.

Within the scope  of state antimonopoly control 36 complaints of economic entities, citizens and governing body on compliance with the antimonopoly legislation were reviewed, including 22 alleged violations of antitrust laws, in terms of unfair competition, in the process of consideration of which, five violations of Article 14.2 of the Law On Counteraction to Monopolistic Activities and Promotion of Competition "(hereinafter - the Law) were established,  and 1 breach of article 17 of the Act.

On the violations identified, two orders of  violations elimination of antitrust laws were issued.

Based on the decision of the board of the Department, the registration of  5 trademark was revoked by the National Center of Intellectual Property.

The defenses were prepared,  and it was  taken part in trials on the issue of  7 complaints of businesses and individuals for  the Department of the pricing policy of the Ministry of Economy of Recognition (not recognition) the facts  of unfair competition relating to the registration and use of trademarks, appealed to the Supreme Court of the Republic of Belarus. The Judicial board on the affairs of Intellectual Property of the High Court of the Republic considered valid all the  decisions of the Department.

One decision of the College of the  Department was appealed  in the Supreme Economic Court, and by  the SEC decision of the Department it was deemed justified.

In 2010: it is planned: the development of “ the bill on amendments and additions to certain codes of the Republic of Belarus on the issues of administrative responsibility" that includes, as well,  strengthening of administrative penalties for violations of antitrust laws, the explicit prohibition of all forms of unfair competition, the explicit prohibition of all forms of unfair competition, introduction of economic responsibility.

As a measure, that  ensures  the effectiveness of state antitrust policy will be monitored to identify product markets and preventing unfair competition, which will be implemented by all governments, including regional and Minsk city executive committee.