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On the unfair competition

Commentary to Decree of the Ministry of Economy of the Republic of Belarus of June 30, 2011 № 99 "Upon amendments and additions to the instruction on the consideration of appeals (statements)on violating the antimonopoly legislation in terms of unfair competition"

For the purpose of modifying the order of appeals to the antimonopoly authorities with allegations of unfair competition in product markets, on August 2, 2011 the Ministry of Economy adopted the decision of the Ministry of Economy of the Republic of Belarus, which came into force of June 30, 2011 № 99 "On Making Amendments and Addendum to the Regulations on review of appeals (statements) for violating the antimonopoly legislation on the implementation of unfair competition. "

The application of instructions on the review of appeals (statements) for violating the antimonopoly legislation in terms of unfair competition, approved by the Ministry of Economy of 17 April 2006, № 61, showed that most of the cases on unfair competition were considered by the republican state authority - the Ministry of Economics (Department of pricing), while the main objectives of this body are aimed at developing proposals on the foundations of state policy in the area of antitrust regulation, development of methods and tools to manage the unified state antitrust policy, etc.

At the same time, when dealing with unfair competition the defining factor boils down not solely to the  geographical boundaries of product markets, but also to the actions taken by entities in relation to their competitors, which  severely contradict the anti-monopoly legislation.

Upon the accrual of the entity to apply to the antitrust authority on the fact of unfair competition, what should primarily be considered is the protection of rights of individual economic entities to carry out business activities in a competitive environment. However, this does not always seem possible to speak of the impact of the situation on the national competition in product markets.

Upon the adoption of Resolution № 99, the key criterion for considering statements on the question of unfair competition, which even greater consolidated the decision of 30.06.2011 № 99, is the location of a business entity with traced and vivid evidence of actions of unfair competition.

This change will allow offices to promptly take measures to prevent violations of antimonopoly legislation in terms of unfair competition, and will ensure the Department to carry out the coordinating functions, as well as methodological and advisory assistance offices.

Thus, statements upon unfair competition should, as a rule, be submitted to the antimonopoly administration of control and pricing committee of the corresponding region (Minsk). Considerations will only be made by the Department when submitting the appeal (statement) with respect to several businesses, the location of which are the various administrative units of the Republic of Belarus.