Navigating Disputes
Orientation in antimonopoly requirements is of high value for conducting a successful business in Belarus and preventing unfair competition. Otherwise, fines from the state and obstacles to achieving high business goals are possible. We tell you what you need to know about the antimonopoly authority in the Republic of Belarus and its requirements, what disputes may arise with the participation of the antimonopoly authority and competitors and how we can help in resolving such disputes.
Antimonopoly authority in the Republic of Belarus
The antimonopoly authority in the Republic of Belarus is the Ministry of Antimonopoly Regulation and Trade (MART). Complaints of companies and individuals related to violations of antimonopoly legislation and unfair competition are considered by MART.
In certain cases, it is necessary to coordinate with MART issues in the field of reorganization and creation of companies, creation of holdings, obtaining the right to manage the company. This is the so-called «antimonopoly control». Consent should be obtained when the listed business processes may affect the state of competition. For example, such cases include a situation when the book value of the assets of the acquirer or the business entity in respect of which the rights are acquired is more than 200,000 basic units.
When a client plans to reorganize or create a company, purchase shares of another company, we recommend you to contact our lawyer, who will study the accounting documents, the structure of the company’s management bodies and assess the need to obtain the consent of the client. When such consent needs to be obtained, our lawyer will prepare the necessary documents and, under a power of attorney, ensure their transfer to MART to obtain consent.
Antitrust Disputes
Reorganization, consolidation of organizations, acquisition of voting shares and creation of commercial organizations can have an impact on competition. Such actions are called «economic concentration». Sometimes MART just needs to be notified in writing about the economic concentration no later than one month from the date of acquisition of the rights of a business entity, without approval. Our lawyer will help you determine whether you need to get consent or just notify MART.
A dispute is possible when the company has not received MART’s consent for economic concentration or has not fulfilled MART’s requirements from the consent decision. In this case, MART can file a lawsuit in court. The court may declare the transactions invalid when they have led to the emergence or strengthening of the dominant position of the company in the market or to the restriction, elimination of competition. To avoid such consequences, we recommend contacting our lawyers before making transactions, especially with companies that are included in the Register of Dominants, the Register of Natural Monopolies.
Our experts will help you to understand the situation so that you do not violate the antimonopoly legislation or choose the best course of action to minimize the consequences.
competition disputes
A number of prohibitions on unfair competition have been established in Belarus. Unfair competition is considered the actions of companies that cause losses to competitors or harm their business reputation. Competitors are business entities that buy and sell goods on the same commodity market. Prohibited:
- Discredit competitors. Discrediting is the dissemination of false, inaccurate information.
- To mislead customers and competitors.
- It is incorrect to compare the company’s products and the company itself with a competitor, his product, etc.
A company or a person who has suffered from unfair competition may claim damages in court.
A special commission is working in MART, which establishes the facts of unfair competition or its absence on complaints and on the results of inspections and makes decisions on disputes in the field of antimonopoly legislation. Such a decision can be appealed in court. Without an experienced lawyer, it is difficult to understand the specifics of the dispute. Therefore, according to the client’s power of attorney, our lawyer can prepare documents for consideration by the commission, represent the client’s interests when considering a dispute in court.
Getting Consent for Transactions
In Belarus, certain deals involving shares or stakes in a company’s charter capital require prior approval from the antitrust authority (MART). This process isn’t just paperwork — it demands a well-prepared set of documents that meet strict regulatory standards. Even small errors can delay or derail a transaction.
That’s why it’s smart to work with an experienced attorney from the start. A legal expert ensures every document is correctly drafted and submitted, anticipates regulator questions, and can represent your interests directly before MART. This not only speeds up approvals but also protects your deal from unexpected legal challenges.
Antitrust Consent for Company Reorganization and Mergers
Before merging or forming a new business entity in Belarus, companies must secure approval from the antitrust authority (MART). This is a strict legal requirement. Without it, registering a new company or merger can be outright denied.
Preparing the necessary paperwork is often complex. It demands precise compliance with antitrust laws and complete, truthful disclosure. Submitting inaccurate or incomplete information isn’t just a technical slip — under Belarusian law, it’s an administrative offense that can lead to fines ranging from 20 to 100 base units. That’s why involving an experienced legal professional early on is essential. They ensure your filings meet all standards, minimizing risks of delays, denials, or costly penalties.
Unfair Competition and Antitrust Disputes
Antitrust authorities closely monitor disputes between competing businesses. Cases often involve two main issues: unlawful actions (or failures by state bodies) that restrict or block fair competition, and improper tactics by competitors that harm another company’s assets or reputation.
In these situations, having a skilled attorney is crucial. A lawyer experienced with MART can draft and file complaints effectively, increasing the chance of swift, favorable outcomes for the injured party.
Legal support is equally vital if your own company comes under scrutiny. Accusations of unfair competition can lead to hefty fines — upwards of 400 base units. An attorney helps navigate investigations, protect your rights, and reduce exposure to serious penalties.
Our Services
Key Administrative Procedures and Claims in Antitrust and Trade Regulation
Consent for Mergers & Associations
MART issues approvals for creating unions, associations, or state groups, and for mergers or acquisitions. This safeguards fair competition by reviewing how new entities could impact market balance.
Consent for Holding Companies
To form a holding or add a company as a subsidiary, you must secure MART’s formal consent. This ensures such structures don’t unfairly concentrate economic power.
Reorganizing Dominant Enterprises
If a company with a dominant market position plans to convert into a joint-stock company, MART’s approval is required to prevent misuse of that position post-reorganization.
Deals Involving Shares & Stakes
Transactions involving shares or equity stakes in businesses also demand MART’s review and consent. This oversight helps keep acquisitions from harming competitive conditions.
Transactions by Natural Monopolies
Even deals made by entities in natural monopoly sectors need MART’s sign-off, ensuring these unique players don’t leverage their position to stifle competition.
Prohibiting Abuse of Dominance
MART addresses cases where a dominant company exploits its position to limit market access, impose unfair terms, or otherwise harm competitors and consumers.
Ban on Anti-Competitive Agreements
It’s illegal for businesses to form deals or coordinate actions that restrict competition. MART investigates and halts such practices to protect open markets.
Actions by State Bodies Limiting Competition
Even government acts, omissions, or agreements that unfairly restrict market dynamics can be challenged before MART to uphold competitive fairness.
Preventing Unfair Competition
MART also polices dishonest market practices—like spreading false information or misusing trade secrets—that damage rivals, stepping in to maintain a level playing field.
Step-by-Step Guide for Filing a Complaint with MART
List Supporting Evidence
Attach any proof you have. If you can’t supply evidence, explain why and identify where these documents or data might be obtained so MART can pursue them.
How to Submit
Send your complaint by mail to MART’s office at 220030 Minsk, Kirova St. 8, building 1, or file electronically through the national online appeals system at https://обращения.бел
Why Us
Deep Experience
Years of hands-on work in antitrust, competition, and commercial law mean we spot risks early and handle even the most complex cases with confidence.
Strict Confidentiality
Your sensitive business information stays protected. We uphold the highest standards of privacy, ensuring your matters never become anyone else’s concern.
Proven Results
We don’t just navigate legal processes — we drive them toward outcomes that secure your interests and strengthen your position in the market.
Swift Response
Time matters. We act quickly, keep you informed at every step, and move your case forward without unnecessary delays.
Clear Communication
No legal jargon. We break it all down in plain, straightforward language so you’re always clear on your options and next moves.
Cross-Industry Insight
We’ve guided clients across tech, retail, finance, manufacturing, and beyond. This broad perspective lets us craft solutions that actually work in your unique business reality.
Our Process
FAQ
Yes. Belarusian law requires effective state oversight of transactions and actions qualifying as economic concentration to protect and develop competition, in line with national antitrust policy.
The Ministry of Antimonopoly Regulation and Trade (MART) is the designated state body that monitors economic concentration and enforces merger control rules.
It covers actions that impact market competition, such as mergers, share acquisitions, creation of holdings, joint ventures, or agreements among competitors that influence competitive dynamics.
Consent from MART must be obtained before taking any actions that constitute economic concentration, like signing a share purchase agreement.
Key categories include mergers and acquisitions, forming holdings or associations, acquiring 25%+ shares in competitors, significant asset deals (over 20% of balance sheet value), and competitor joint activity agreements.
Not by default. However, if MART believes a deal might significantly impact competition, it may still investigate, even if the transaction doesn’t exceed financial thresholds.
Contact us
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LawyerLegal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
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E-mail
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AddressOffice: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
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Working hoursMonday-Friday 9:00-19:00
