New Competition bill was signed into law, with a number of new concepts, including the concept of antitrust compliance, introduced into it. The law has outlined the main areas of the national policies in the field of competition.
According to it, the Competition Development and Consumer Protection Committee has been assigned as the competent state body (anti-trust body) in the field of competition.
A number of new concepts, including the concept of antitrust compliance, have been introduced into the law.
Anti-trust compliance consists of a system of internal organizational procedures to ensure the compliance of activities with the requirements of the competition law, to identify the risks of their violation and to prevent these risks.
Anti-trust compliance has now become mandatory:
- in republican executive authorities and other organizations;
- in business entities that have a dominant position in the commodity or financial market;
- in legal entities whose average annual income from the sale of goods in the last 3 years exceeds 100,000 times the basic settlement unit (BSU) and 50 percent or more of the authorized fund (authorized capital) belongs to the state;
- in legal entities owned by a legal entity whose average annual income from the sale of goods in the last 3 years exceeds 100,000 times the BSU and 50 percent or more of the authorized fund (authorized capital) and the state share in the authorized fund (authorized capital) is 50 percent or more ;
- introduced in associations of legal entities.
The law introduced new criteria for determining the dominant position. According to him, the subjects of natural monopoly have also joined the ranks of subjects with a dominant position.
Also, the institution of superior bargaining power has been added, according to which, the existence of the possibility to unilaterally influence the determination of the terms of the transaction, the area where the goods are sold and the price by an economic entity or group of persons that does not have a superior position is recognized as superior bargaining power.
According to the law, tax and customs concessions, subsidies, grants, state guarantees, preferential loans, exclusive rights, sale and lease of state property at preferential prices, the right to use land resources and mineral resources on preferential terms, and other preferences and advantages are granted to state economic entities. can provide state aid in the form of
This Law shall enter into force 3 months after its official publication.
At the same time, administrative liability measures for violation of competition legislation were harshened.
The Law amended the Code of Administrative Responsibility.
In particular, failure to provide information to the competent state body in the field of competition or failure to provide it on time, or knowingly providing it with incorrect information:
- to citizens from 3 times to 10 times of BSU (from 990 thousand to 3 million 300 thousand soums);
- to officials a fine of from 10 to 20 times BSU (from 3 million 300 thousand to 6 million 600 thousand soums).
Previously: citizens were fined up to 3 times the BSU, and officials up to 5 times.
Unlawful restriction of the free movement and sale of raw materials, goods, and the provision of services by an official of the state authorities and management bodies:
- causes a fine in the amount of 30 times to 50 times of BSU (from 9 million 900 thousand to 16 million 500 thousand soums);
Adopting decisions restricting competition by state unitary enterprises or institutions or associations of legal entities authorized to carry out licensing of certain types of activity, issue documents with the nature of permission or receive notifications by means of a special electronic system, or to carry out registration or accreditation:
- It will result in a fine of 30 to 50 times of BSU (from 9 million 900 thousand to 16 million 500 thousand soums).
Previously, there were no such provisions.
