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Procedure ratified for determining dominant position of economic entities

Belarus: Procedures in Belarus ratified for determining dominant position and for maintaining register of economic entities with a dominant position.

The competition authority determines if an economic entity occupies a dominant position. Under new resolutions, the competition authority analyses and assesses the condition of product markets, hears/examines/considers appeals (motions, applications, complaints) by economic entities, state bodies and individuals which do not relate to economic entities; and monitors compliance with competition law.When determining a dominant position the authority considers the following aspects:

• product borders of the product market;
• composition of consumers and sellers of the product market;
• geographical borders of the product market;
• product market capacity;
• market share of the economic entity/entities in the product market.

Besides, additional criteria are set for assessing whether an economic entity is one of those that occupy a dominant position in a product market. This may mean that if an economic entity has no competitors in a specific market, it can be seen as an entity which occupies a dominant position in that market. If an economic entity is not the only producer (seller) or product consumer, its ability to impose unacceptable conditions upon a buyer or a seller on sale or purchase of goods when concluding a supply agreement is considered. Also considered are an economic entity’s ability when concluding supply agreements to limit/restrain competition by other economic entities in a market for material and technical resources (raw materials, materials, equipment, energy resources and others), its ability to reduce or limit supplies of products in the selling market for the purpose of gaining one-sided advantages while selling goods.
The competition authority maintains a publicly accessible State Register of economic entities which occupy a dominant position in the product market. For information, go to the website of the Ministry of economics: http://www.economy.gov.by/ru/antitrust. Note that precise rules of conduct are imposed on entities on this list. Operating beyond the frame of these rules may be considered a violation of competition law. 

Resolution of the Ministry of Economics of the Republic of Belarus № 23 of 20.03.15 “On ratifying the procedure for formation and maintenance of the State Register of economic entities with dominant positions in the product market” came into force on 17.04.2015.
Resolution of the Ministry of Economics of the Republic of Belarus № 24 of 20.03.2015 “On ratifying the procedure for determining the dominant position of economic entities” came into force on 16.04.2015.

Bnt attorneys-at-law, an international law firm employing over 130 lawyers and tax advisers, offers legal and tax advice in 10 countries of Central and Eastern Europe. The firm advises large and medium-sized enterprises in Belarus in competition law and many other spheres of law. If you have any questions concerning competition legislation, do not hesitate to contact us at any time at +375 17 203 94 55 or by email .

Source: National legal Internet portal of the Republic of Belarus (NLIP) 16.04.2015 8/29796, 15.04.2015 8/29797