On the results of the antimonopoly agency work in the first half of 2018

In accordance with the assigned functions, one of the key tasks of the Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus (hereinafter – MART) as an antimonopoly agency is to counteract monopolistic activities and unfair competition, identify and prevent violations of the antimonopoly law, and promote the development of fair competition.

199 applications from economic entities were received by the MART in the first half of 2018 within the ongoing monitoring of the compliance with the antimonopoly law.

In January-June 2018, the Commission on Establishing Fact (Absence) of Antimonopoly Law Violation considered 62 cases. As a result, 12 cases of violations and 38 cases of absence of violations of the Law of the Republic of Belarus dated December 12, 2013 “On Counteracting Monopolistic Activity and Developing Competition” were determined.

For reference: out of 12 cases of violations of the antimonopoly law, 2 cases concern the prohibition on abusing a dominant position by an economic entity, 1 case - the prohibition on agreements restricting competition, 4 cases - the prohibition on unfair competition, 5 cases - the prohibition on acts and actions (omissions), agreements, coordinated actions of state bodies that restrict competition.

According to the results of the antimonopoly investigations conducted during the first half of 2018, 31 protocols on administrative offences in the field of antimonopoly regulation were drawn up, 14 orders were issued. Penalties amounted to 52.7 thousand rubles.

166 administrative procedures were implemented in January-June 2018 as part of the state control of economic concentration in order to prevent the establishment and strengthening of a dominant position in commodity markets. Thus, as to 116 administrative procedures, the antimonopoly body issued consents for:

• transactions with shares, shares in the statutory funds of economic entities - 70 (60.3%);
• reorganization of commercial entities in the form of mergers and acquisitions - 36 (31%);
• establishment of a holding company - 6 (5.2%);
• reorganization of economic entities occupying a dominant position in commodity markets - 3 (2.6%);
• establishment of a commercial entity - 1 (0.9%). 
   

In order to assess the level of monopolization of commodity markets, the MART experts analyzed 33 commodity markets in the first half of 2018. As a result of the analysis:

• 153 economic entities are included in the State Register of Economic Entities Occupying a Dominant Position in Commodity Markets, with 31 excluded;
• 3 economic entities are included in the State Register of Natural Monopoly Entities, with 6 excluded.