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  • Belarus

    New competition regulations

    Belarus: New Law on Suppressing anti-competitive activity and on developing competition enters into force from 1 July 2014

    The Law sets new rules for defining market dominance of legal entities based on market share. For example, a company is considered dominant if its market share is 35%, or less than 35% if it is acknowledged as dominant by the competition authority (though no company can be recognised as dominant if its market share is less than 15%); two companies are considered dominant if they jointly hold 54 % or more of market share; three companies if they jointly hold 78% or more; four companies if they jointly hold 95% or more.
    The Law extends the list of acts considered to be abuse of a dominant position:

    • unreasonably reducing or stopping production of goods in the face of demand or orders for delivery;

    • refusing to (or evading) entry into agreements with particular individual consumers;

    • unreasonably establishing different prices (tariffs) for the same goods.

    The Law introduces a new notion of "vertical agreements" (i.e., agreements between non-competitive companies), and sets appropriate restrictions on those agreements.
    In particular, vertical agreements are forbidden if they:
    a) may lead to or set resale prices;
    b) prohibit the buyer from selling the goods of companies regarded as the seller's competitors.
    However, these restrictions do not apply if a company's market share does not exceed 15%.
    Certain Merger & Acquisition transactions must first be approved by the competition authorities, e.g.:

    • if the balance sheet value of assets of one of the parties exceeds 100 000 basic units (approx. 970 150 EUR);

    • annual sale of goods revenue of one of the parties exceeds 200 000 basic units (approx. 1.9 mln EUR);

    • a company is considered dominant or a natural monopoly .

    Approval of the competition authorities is required for corporate reorganisation of dominant companies into open joint-stock companies.
    The above transactions are invalid without prior consent of the competition authority. Under the new Law a court may force a split and (or) allocate a new company at the suit of competition authority.
    The new Law enters into force on 1 July 2014.
    Source: NRLA No. 2/2092 of 19 December 2013, NRLA No. 2/2092 of 17 December 2013
    Author: Alexander Liessem, bnt legal&tax Belarus

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  • Estonia

    Common law impacts on Estonian legal system

    Estonia: Estonian Supreme Court judgment significantly alters an approach uncontested for almost 20 years.

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  • Germany

    Minimum wage for meat industry

    Germany: End of wage dumping in sight for domestic and foreign employees in German slaughterhouses

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  • Poland

    Working by e-mail or phone allowed even on Sundays and bank holidays

    Poland: Labour law amendment allows delivery of services for foreign clients on Sundays and bank holidays.

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  • Poland

    New rules for VAT deduction

    Poland: From 1 April 2014 new rules enter into force for deduction of VAT on purchase of a motor vehicle.

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