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Antimonopoly regulation and competition
Competition - wherever possible,
State regulation - where necessary.
(Directive of the President of the Republic
Belarus No. 4 dated December 31, 2010)
The state policy in the sphere of counteracting monopolistic activity and development of competition is based on the principles:
- the application of antimonopoly legislation to economic entities in equal and equal terms irrespective of the form of ownership, organizational and legal form and place of registration of legal entities, citizenship, residence, property and official status of individuals and other circumstances (the principle of equality in the application of antimonopoly legislation norms);
- prohibition of acts and actions (inaction) of state bodies and their officials that do not allow, restrict or eliminate competition (the principle of inadmissibility of anticompetitive actions of state bodies);
- ensuring effective control over compliance with antimonopoly legislation, including transactions, other actions recognized by economic concentration, to the extent necessary for the protection and development of competition (the principle of ensuring effective control over economic concentration);
- availability of effective sanctions for acts that prevent, restrict or eliminate competition in respect of business entities and officials of economic entities - legal persons, state bodies, their officials, as well as individuals who are not related to the business entities, used on the basis of proportionality, security, certainty and inevitability of decisions, and control of their application (the principle of effectiveness of the sanctions for the anticompetitive actions);
- ensuring the information openness of the state policy conducted by the antimonopoly authority in the sphere of counteracting monopolistic activities and the development of competition, including by posting information about its activities in the media on its official websites in the global Internet computer network (the principle of information openness);
- the interaction of the antimonopoly body with other state bodies, authorized bodies of foreign states to the extent necessary for the implementation of an effective state policy in the sphere of counteracting monopolistic activities and developing competition (the principle of effective cooperation).
In order to implement the Law of the Republic of Belarus of December 12, 2013 “On Counteracting Monopolistic Activities and Developing Competition”, a regulatory legal framework has been established and is constantly improving, regulating the following fundamental issues in the field of antimonopoly regulation:
- the procedure for determining the dominant position of economic entities on the commodity markets of the Republic of Belarus;
- the procedure for the formation and maintenance of the State Register of economic entities that occupy a dominant position on commodity markets;
- the procedure for control over transactions with shares, shares of statutory funds of economic entities;
- the procedure for organizing and conducting audits on compliance with antimonopoly legislation by business entities;
- the procedure for control over the reorganization of economic entities, the creation of commercial organizations and associations of economic entities;
- the procedure for establishing the facts of the availability (absence) of a violation of the antimonopoly legislation, etc.