Last week the head of our state signed a bill
into Law on Competition that comes in force to replace the outdated 1996 Law on
Competition and Restriction of Monopolistic Activity on Commodity Markets.
The new law
was developed in connection with the practical implementation of the Concept of
intensifying democratic reforms and forming civil society in the country and is
aimed at the prevention of monopolistic activity on commodity markets,
improvement of legal regulation in this area. In addition, the bill introduced
regulations governing the monopolistic activity not only on commodity but also
in financial markets.
In
particular, the law clarified the definition of certain concepts, some of them
expanded and described in separate articles. Such as a group of persons,
dominant position, monopolistically high price of the goods and monopolistically
low price of the goods.
If
previously 65 or more percent of the market share (sales) owned by an entity or
a group of persons was regarded as dominant market position, now this figure
decreased to 50% or more. In a number of conditions (stability of market share a
business entity holds during the year, relative sizes of market share owned by competitors
and the possibility of entry of new competitors) dominant position of the
entity or a group of persons might be regarded starting from 35% to 50% (earlier
up to 65%).
A separate
chapter is devoted to the law of anti-competitive actions. Its provisions
prohibit unfair competition, as well as concerted actions and transactions of
business entities, acts and actions of governments, public authorities and local
associations of legal entities that restrict competition. The law also introduced
antimonopoly requirements to competitive (tender) trading, exchange trades,
creation, mergers and acquisitions of business entities, as well as the
acquisition of shares (stake) and other proprietary rights.
It also significantly
increased the threshold amount of assets of businesses necessary for obtaining
the prior consent of the antimonopoly authority on the acquisition of shares (stake)
from a 4,000 minimum wages to 100,000, which brings a significant reduction in
administrative burden primarily on private entrepreneurs and small businesses.