Antitrust Compliance Audit
We assess your business processes and corporate structure to identify hidden antitrust risks — before regulators or competitors do.
Navigating Antitrust and Competition Disputes
Licensed Belarusian advocates advising foreign and local companies on antitrust compliance, MART approvals, unfair competition claims and competition dispute resolution.
Our clients
Antitrust and Competition Law in Belarus: What You Need to Know
Understanding Belarus’s antitrust requirements is essential for any company operating in or entering the Belarusian market. Violations — whether intentional or due to lack of awareness — can result in regulatory fines, invalidation of transactions, and reputational damage.
AMBY Legal advises companies on compliance with Belarusian competition law, handles MART approval procedures, represents clients in antitrust disputes before the regulator and courts, and defends companies facing investigations or unfair competition claims.
The Antitrust Authority: MART
The Ministry of Antimonopoly Regulation and Trade (MART) is the state body responsible for enforcing antitrust legislation and regulating unfair competition in Belarus. MART handles complaints from companies and individuals about competition law violations, conducts inspections, issues approvals for transactions requiring merger control clearance, and initiates administrative proceedings where violations are found.
In certain transactions — including reorganisations, creation of holdings, share acquisitions, and transfers of control — MART consent must be obtained before the transaction is completed. This is known as “antitrust control.” Consent is required when the transaction may affect the state of competition — for example, when the book value of the acquirer’s assets exceeds 200,000 base units (9,000,000 Belarusian rubles at the current base unit value of 45 rubles).
When a client plans to reorganise, acquire shares, or create a new company, we review the accounting documents and corporate structure to assess whether MART consent is required — and if so, prepare all necessary documents and submit them to MART on your behalf.
Economic Concentration: When MART Approval Is Required
Reorganisation of companies, consolidation, acquisition of voting shares, and creation of commercial organisations can all constitute “economic concentration” — actions that may affect the competitive landscape in a given market. In some cases, MART must be notified in writing within one month of the transaction without requiring prior approval; in others, prior consent is mandatory.
A dispute arises when a company completes a transaction requiring MART consent without obtaining it, or fails to comply with conditions attached to MART’s approval decision. In such cases, MART can file a lawsuit in court seeking to declare the transaction invalid — particularly where the transaction has resulted in the emergence or strengthening of a dominant market position, or in the restriction or elimination of competition.
To avoid these consequences, we recommend consulting our lawyers before completing any transaction involving companies included in the Register of Dominants or the Register of Natural Monopolies.
Unfair Competition: Prohibited Practices
Belarusian law establishes a number of specific prohibitions on unfair competition — defined as actions by companies that cause losses to competitors or damage their business reputation. Prohibited practices include:
Discrediting competitors: disseminating false or inaccurate information about a competitor, its products, or its activities.
Misleading customers and competitors: making false or deceptive statements about one’s own goods, services, or business.
Incorrect comparisons: improperly comparing a company’s products or business with those of a competitor.
A company or individual that has suffered from unfair competition may seek damages in court. MART operates a special commission that investigates unfair competition complaints and issues decisions — which can subsequently be appealed in court.
Fines for unfair competition can reach 400 base units (18,000 Belarusian rubles). AMBY Legal represents both complainants and respondents in MART commission proceedings and in court.a dispute in court.
Legal Opinion in Belarus
Obtain a legal opinion in Belarus taking into account international standards and local regulations.
Getting MART Consent for Transactions
Certain transactions involving shares or stakes in a company’s charter capital require prior approval from MART before completion. The process requires a well-prepared set of documents meeting strict regulatory standards — errors or omissions can delay or derail the transaction entirely.
AMBY Legal prepares all documents required for MART consent applications, anticipates regulator questions, and represents your interests directly before MART throughout the review process. This reduces the risk of rejection and accelerates approval timelines.
Antitrust Consent for Mergers and Reorganisations
Companies planning to merge or form a new business entity in Belarus must obtain prior MART approval. Without it, registration of the new entity or merger may be refused entirely.
Submitting incomplete or inaccurate information to MART is not merely a technical error — under Belarusian law it constitutes an administrative offence carrying fines of 20 to 100 base units (900 to 4,500 Belarusian rubles). Involving experienced legal counsel early in the process ensures your filings are complete, accurate, and compliant — minimising the risk of delays, denials, or penalties.
Antitrust Disputes: Enforcement and Defence
MART closely monitors disputes between competing businesses. Cases typically involve two categories of issues: unlawful actions or failures by state bodies that restrict or eliminate fair competition, and improper competitive practices by companies that harm a competitor’s assets or business reputation.
If your company has been harmed by a competitor’s anti-competitive conduct, AMBY Legal prepares and files complaints with MART, building a well-evidenced case for swift regulatory action.
If your company is under MART scrutiny or facing an unfair competition complaint, we represent your interests throughout the investigation — protecting your rights, managing document requests, and working to minimise exposure to fines and sanctions.
Our Antitrust and Competition Law Services
Challenging Competitor Actions
We advise on legally contesting a competitor's unfair or anti-competitive conduct under Belarusian antitrust law, building well-evidenced positions that protect your market position.
Regulatory Clearance Review
We review your accounting documents and corporate structure to determine whether MART approval is required for a planned transaction — merger, restructuring, share acquisition, or new venture.
Preparation for MART Approvals
We prepare and submit all documents required for MART consent, ensuring applications meet statutory requirements and minimising the risk of rejection or delay.
Drafting Complaints & Responses
Whether filing an antitrust complaint or defending against one, we prepare persuasive, well-supported submissions to protect your interests before MART and in court.
Litigation Representation
We represent clients in antitrust and competition disputes before the courts — from initial hearings through to final judgment — applying targeted legal strategies to secure favourable outcomes.
Economic Concentration Support
We advise on the legal requirements around economic concentration, structure transactions to comply with applicable thresholds, and defend transactions before MART where required.
Defending During MART Inspections
When MART conducts an audit or investigation, we safeguard your rights, manage document requests, and work to resolve issues without heavy penalties or reputational damage.
Antitrust Dispute Resolution
We handle disputes ranging from price-fixing allegations to abuse of dominance claims, applying deep knowledge of Belarusian competition law to achieve the best available outcome.
Unfair Competition Claims
Whether you are the injured party or the company under accusation, we build clear, evidence-based positions that protect your assets, brand, and commercial standing.
Antitrust Compliance Consulting
We advise on day-to-day compliance with Belarusian antitrust law, helping establish internal processes that reduce risk and provide confidence to partners and regulators.
Contract & Agreement Review
We review contracts and commercial agreements for clauses that could violate competition law, ensuring your deals remain solid and fully compliant.
Key MART Procedures and Antitrust Controls
Consent for Mergers & Associations
MART issues approvals for creating unions, associations, and state groups, and for mergers and acquisitions — reviewing how new entities may affect competitive balance in the relevant market.
Consent for Holding Companies
Forming a holding or adding a company as a subsidiary requires formal MART consent to ensure such structures do not result in unfair concentration of economic power.
Reorganizing Dominant Enterprises
If a company with a dominant market position plans to convert into a joint-stock company, MART approval is required to prevent misuse of that dominant position following reorganisation.
Deals Involving Shares & Stakes
Transactions involving shares or equity stakes in businesses require MART review and consent to ensure acquisitions do not harm competitive conditions in the relevant market.
Transactions by Natural Monopolies
Even transactions made by entities in natural monopoly sectors require MART approval, ensuring these market participants do not leverage their position to restrict competition.
Prohibiting Abuse of Dominance
MART addresses cases where a dominant company exploits its market position to restrict access, impose unfair terms, or otherwise harm competitors and consumers.
Ban on Anti-Competitive Agreements
Agreements or coordinated actions between businesses that restrict competition are prohibited. MART investigates and halts such arrangements to protect open market conditions.
Actions by State Bodies Limiting Competition
Government acts, omissions, or agreements that unfairly restrict market dynamics can be challenged before MART to uphold competitive fairness.
Preventing Unfair Competition
MART polices dishonest market practices — including spreading false information about competitors, misusing trade secrets, and improper comparative advertising — to maintain a level playing field.
Business Structuring in Belarus
Structure your business in Belarus with legal support — division, acquisition, and reorganization without risks.
How to File a Complaint with MART: Step-by-Step
Our Process
1
Initial Contact
We listen to your situation, goals, and concerns to build a clear picture of the issue — no assumptions, just a focused understanding of what you need.
2
Detailed Analysis
We review your documents, facts, and market context to map out the full scope of the issue — identifying risks and available options from the outset.
3
Legal Assessment
We give you a clear, expert assessment of your position under Belarusian competition law — so you know exactly where you stand and what realistic outcomes to expect.
4
Tailored Proposal
You receive a clear commercial proposal setting out our recommended strategy, scope of work, timelines, and fees — designed around your specific objectives.
5
Contract Signing
We formalise the engagement with a service agreement that clearly sets out our mutual obligations and protects your interests.
6
Delivering Results
We execute the agreed strategy — whether that means preparing MART filings, representing you in regulatory proceedings, or handling court disputes — keeping you informed at every stage.
Why Foreign Companies Choose AMBY Legal for Antitrust Matters
Deep Experience
We have hands-on experience in Belarusian antitrust, competition, and commercial law — allowing us to identify risks early and handle complex regulatory matters with confidence.
Strict Confidentiality
Your sensitive business information — including corporate structure, financial data, and transaction details — is handled with full professional confidentiality at all times.
Proven Results
e drive regulatory and court processes toward outcomes that protect your market position, secure your transactions, and minimise your exposure to penalties.
Swift Response
We act quickly, keep you informed at every step, and move your case forward without unnecessary delays — particularly important in time-sensitive MART proceedings.
Clear Communication
We communicate in plain, straightforward language — explaining your legal position, options, and next steps without unnecessary legal jargon.
Cross-Industry Insight
We have advised clients across technology, retail, finance, manufacturing, and other sectors — giving us the broad commercial perspective needed to craft solutions that work in practice.
FAQ
Is merger control mandatory in Belarus?
Yes. Belarusian law requires effective state oversight of transactions qualifying as economic concentration to protect competition in line with national antitrust policy. Failure to obtain required MART consent before completing a transaction can result in the transaction being declared invalid by a court.
Which authority oversees merger control in Belarus?
The Ministry of Antimonopoly Regulation and Trade (MART) is the designated state body responsible for monitoring economic concentration and enforcing merger control rules in Belarus.
How is “economic concentration” defined?
Economic concentration covers actions that may affect competitive conditions in a market — including mergers, share acquisitions, creation of holdings, joint ventures, and agreements between competitors that influence competitive dynamics.
Must MART consent be obtained before or after completing a transaction?
MART consent must be obtained before taking any action that constitutes economic concentration — for example, before signing a share purchase agreement. Acting without required consent is an administrative offence and can lead to the transaction being declared invalid.
What are the main types of transactions subject to merger control?
Key categories include: mergers and acquisitions, formation of holdings or associations, acquisition of 25% or more of shares in a competing company, significant asset transactions (over 20% of balance sheet value), and agreements on joint commercial activity between competitors.
Can MART investigate transactions below the financial thresholds?
Not by default. However, if MART has reason to believe that a transaction — even one below the standard thresholds — may significantly affect competition, it retains the right to investigate.
What are the penalties for antitrust violations in Belarus?
Penalties depend on the type of violation. Fines for unfair competition can reach 400 base units (18,000 Belarusian rubles). Submitting inaccurate information in a MART consent application carries fines of 20 to 100 base units (900 to 4,500 rubles). Transactions completed without required MART consent can be declared invalid by a court, resulting in the unwinding of the deal and potential damages claims.
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