The Commission on Establishing Fact (Absence) of Antimonopoly Law Violation
The permanent Commission on Establishing Fact (Absence) of Antimonopoly Law Violation (hereinafter – Commission) was established under the Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus in December 2016.
The Commission consists of 16 members chaired by the Minister. The Commission includes Deputy Ministers, heads of branch administrations, and scientific representatives from the Belarusian State Economic University.
The Commission is aimed at determining whether there has been a violation of the antimonopoly law or not on the basis of the considered communications on violations of the antimonopoly law.
The Commission performs the following tasks during its meetings:
- examines the submitted materials indicative of the antimonopoly law violations;
- assesses the received documents and information for determining whether there has been a violation of the antimonopoly law or not;
- determines the applicable norms of the antimonopoly law;
- establishes whether there has been a violation of the antimonopoly law or not.
Following the meeting, the Commission takes one of the following decisions:
- there has been an antimonopoly law violation;
- there has not been an antimonopoly law violation;
- there is a need for further examination of the circumstances relevant for determining whether there has been an antimonopoly law violation or not.
Decisions of the Commission shall be drawn up as a separate document in the form of an annex to the minutes of the Commission meeting. Copies of the decision of the Commission (an extract from the minutes of the Commission meeting) shall be given to the applicant and respondent against their signatures (sent by registered mail with notification of delivery).
In 2017, the Commission considered 105 applications submitted by economic entities. 24 cases of violations and 52 cases of absence of violation of the Law of the Republic of Belarus dated December 12, 2013 “On Counteracting Monopolistic Activity and Developing Competition” were determined.
For reference: for 9 months of 2018, the Commission determined 17 cases of violations and 53 cases of absence of violation of the Law of the Republic of Belarus dated December 12, 2013 "On Counteracting Monopolistic Activity and Developing Competition".
The decision of the Commission is an immediate ground for drawing up a protocol on an administrative offense. A protocol on an administrative offense shall be drawn up and submitted to the court for the consideration by an official of the antimonopoly agency.
Administrative liability for the antimonopoly law violation (abuse of a dominant position, unfair competition, and evasion from enforcement of the decisions of the antimonopoly agencies) is specified in the Decree of the President of the Republic of Belarus No. 114 dated 27/02/2012 “On Certain Measures to Strengthen State Antimonopoly Regulation and Control”.
Also, in certain cases, a person can be brought to criminal liability for the violation of the antimonopoly law (Articles 244 and 247 of the Criminal Code).