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.
MART reviews documents within 10 to 30 working days.
The consent is valid for 1 year.
Disputes in the field of antimonopoly law
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.
Unfair 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.
How we can be useful in resolving disputes in the field of antimonopoly law and competition
Our lawyers and attorneys have been accompanying dispute resolution for more than 10 years. We can:
- Advise you on the presence of signs in the company’s business processes that may cause antitrust disputes or disputes in the field of unfair competition;
- Advise you on the issues of appealing the actions of other business entities in the field of antimonopoly law and competition;
- Advise you on the basis of your accounting documents on the need to obtain MART’s consent to create a company, reorganize it, purchase shares or otherwise participate in the management of the company;
- Prepare documents for consideration of the case and obtaining consent;
- Prepare a complaint or a response to it in the field of antimonopoly law and competition;
- Represent your interests in court when considering a dispute.
Contact us
If you have any questions or disputes in the areas of antitrust law and competition in the Republic of Belarus — we will be happy to help you! Our long-term experience of interaction with the antimonopoly authority, as well as experience in the field of antitrust and competition will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
