Competition Law at Belarus
Competition law in Belarus is primarily governed by the Law on Counteracting Monopolistic Activity and Development of Competition, as well as related regulations and decrees. Here's an overview:
📜 Key Legislation:
Law of the Republic of Belarus “On Counteracting Monopolistic Activity and Promoting Competition” (first adopted in 1992, significantly amended over time).
Other relevant laws include:
Civil Code (provisions on unfair competition),
Law on Natural Monopolies,
Laws on Consumer Protection.
🏛️ Regulatory Authority:
The Ministry of Antimonopoly Regulation and Trade (MART) is the key authority responsible for:
Controlling monopolistic activity,
Regulating mergers and acquisitions,
Investigating unfair competition,
Promoting market competition.
⚖️ Main Provisions of Belarusian Competition Law:
1. Prohibition of Monopolistic Practices:
Abuse of dominant market position is prohibited (e.g., price fixing, creating barriers to entry).
Companies with over 35% market share may be considered dominant.
2. Merger Control:
Certain mergers and acquisitions must be pre-approved by MART.
Thresholds are defined based on market share and turnover.
3. Unfair Competition:
Includes:
False advertising,
Copying product appearance,
Discrediting competitors,
Misleading consumers.
4. State and Municipal Controls:
Government agencies must also comply with competition laws and cannot create unjustified preferences for certain businesses.
🔍 Enforcement & Penalties:
MART can:
Impose fines,
Issue binding orders,
Challenge deals in court,
Demand the break-up of anti-competitive agreements.
🌍 International Context:
Belarus is part of the Eurasian Economic Union (EAEU), which also has supranational competition rules overseen by the EEC (Eurasian Economic Commission).
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