On the ratification of the Agreement on Common Principles and Rules of Competition

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The Law of the Republic of Kazakhstan dated July 8, 2011 No. 456-IV.

RCPI's note! The Agreement is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).

To ratify the Agreement on Common Principles and Rules of Competition, signed in Moscow on December 9, 2010.

President

Republic of Kazakhstan

N. Nazarbayev

AGREEMENT on Common Principles and Rules of Competition (Entered into force on January 1, 2012) - Bulletin of International Treaties of the Republic of Kazakhstan 2012, No. 1, art. 10

The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties,

based on the Agreement on the Customs Union between the Russian Federation and the Republic of Belarus of January 6, 1995, the Agreement on the Customs Union of January 20, 1995, the Agreement on the Customs Union and the Single Economic Space of February 26, 1999, the Agreement on the Establishment of the Eurasian Economic Community of October 10, 2000, the Agreement on the Creation of a single Customs Territory and the formation of the Customs Union on October 6, 2007,

Confirming the intention to develop economic cooperation and expand trade and economic ties between the Parties,

Taking into account the need to support competition in order to ensure effective economic development, stimulate innovation processes and produce high-quality products,

Considering the implementation of a unified competition policy as a necessary condition for the formation and effective functioning of the Common Economic Space of the Parties,

Considering the need to ensure equal conditions of competition in the commodity markets of the Single Economic Space of the Parties, including non-discriminatory access of economic entities of the Parties to the commodity markets of the Parties,

have agreed on the following:

Section I General provisions

Article 1 Objectives and subject of the Agreement

1. The purpose of this Agreement is to form a unified competition policy by the Parties to ensure the free movement of goods, services and capital, freedom of economic activity and effective functioning of commodity markets in the single customs territory of the member States of the Customs Union, to harmonize the legislation of the Parties in the field of competition policy and to prevent actions that could have a negative impact on mutual trade between the Parties.

2. The subject of this Agreement is to establish common principles and rules of competition that ensure the identification and suppression of anticompetitive actions on the territory of the Parties and actions that have a negative impact on competition in cross-border markets on the territory of two or more Parties.

3. This Agreement applies to relations related to the implementation of competition policy in the territory of the Parties and to relations involving economic entities (market entities) of the Parties that have or may have a negative impact on competition in cross-border markets in the territory of two or more Parties. The criteria for classifying a market as a cross-border market in order to determine the competence of the Customs Union Commission are established by a decision of the Interstate Council of the Eurasian Economic Community (the Supreme Body of the Customs Union) within 6 months from the date of entry into force of this Agreement.

4. The Parties have the right to establish in their legislation additional requirements and restrictions with respect to prohibitions provided for in sections II and III of this Agreement.

5. Nothing in this Agreement shall be interpreted as an obstacle for any Party to take any measures that it considers necessary to protect the most important interests of national defense or State security.

6. This agreement applies to subjects of natural monopolies, taking into account the specifics provided for in the agreements of the Parties concerning natural monopolies.

Article 2 Definition of terms used in the Agreement

For the purposes of this Agreement, the following terms mean:

1) "vertical agreement" is an agreement between business entities (market entities) that do not compete with each other, one of which purchases goods or is a potential buyer, and the other provides goods or is a potential seller.;

2) "interchangeable goods" - goods that can be comparable in their functional purpose, application, quality and technical characteristics, price and other parameters in such a way that the buyer actually replaces or is ready to replace one product with another when consumed (including when consumed for production purposes);

3) "state price regulation" means the establishment by state authorities and local self-government bodies of the Parties of prices (tariffs), surcharges to prices (tariffs), maximum or minimum prices (tariffs), maximum or minimum surcharges to prices (tariffs) in accordance with the procedure established by the legislation of the Parties;

4) "state or municipal preferences" - provision by executive authorities, local self-government bodies of the Parties, other bodies or organizations performing the functions of these bodies to individual business entities (market entities) of advantages that provide them with more favorable business conditions by transferring state or municipal property, other objects of civil rights, or by providing property benefits, state or municipal guarantees;

5) "group of persons" - a set of individuals and (or) legal entities corresponding to one or more of the following criteria:

an economic company (partnership) and an individual or a legal entity, if such individual or such legal entity has, by virtue of its participation in this economic company (partnership) or in accordance with the powers obtained, including on the basis of an agreement, from other persons, more than fifty percent of the total number of votes attributable to for voting shares (stakes) in the authorized (pooled) capital of this business company (partnership);

an economic entity (market entity) and an individual or legal entity, if such individual or legal entity performs the functions of the sole executive body of this economic entity (market entity);

an economic entity (market entity) and an individual or a legal entity, if such an individual or such a legal entity has the right to give binding instructions to this economic entity on the basis of the constituent documents of this economic entity (market entity) or a contract (agreement) concluded with this economic entity.;

business entities (market entities) in which more than 50 percent of the quantitative composition of the collegial executive body and (or) the board of directors (supervisory board, board of the fund) are made up of the same individuals;

an individual, his spouse, parents (including adoptive parents), children (including adopted children), brothers and sisters;

persons, each of whom is included in a group with the same person for any reason specified in paragraphs two to six of this paragraph, as well as other persons included in a group with any of such persons for any reason specified in paragraphs two to six of this paragraph.;

an economic company (partnership), individuals and (or) legal entities that, according to any of the signs specified in paragraphs two to seven of this paragraph, belong to the same group of persons, if such persons by virtue of their joint participation in this economic company (partnership) or in accordance with the powers received from other persons, have more than 50 percent of the total number of votes attributable to voting shares (stakes) in the authorized (pooled) capital of this business company (partnership).

A group of persons is considered as a single economic entity (market entity). The provisions of this Agreement relating to business entities (market entities) apply to a group of persons.

In the legislation of the Parties, in order to implement competition policy in the territory of the Party, the definition of a "group of persons" may be specified, including in terms of the amount of disposal (participation) of shares (stakes) of one person in the authorized (pooled) capital of another person, in which such disposal (participation) is recognized as a group of persons.;

6) "discriminatory conditions" - conditions of access to the commodity market, conditions of production, exchange, consumption, purchase, sale, or other transfer of goods, in which an economic entity (market entity) or several economic entities (market entities) are placed in an unequal position compared with another economic entity (market entity) or others economic entities (market entities), taking into account the conditions, restrictions and features provided for by separate agreements of the Parties;

7) "dominant position" is the position of an economic entity (group of persons) or several economic entities (groups of persons) in the market of a certain product, which gives such an economic entity (group of persons) or such economic entities (groups of persons) the opportunity to exert a decisive influence on the general conditions of circulation of goods in the relevant commodity market, and (or) to eliminate other economic entities (market entities) from this commodity market, and (or) to make it difficult for other economic entities (market entities) to access this commodity market;

8) "competition" is the competitiveness of economic entities (market entities), in which the independent actions of each of them exclude or limit the ability of each of them to unilaterally influence the general conditions of circulation of goods in the relevant commodity market.;

9) "confidential information" - all types of information (including information constituting official, commercial, banking, professional, personal secrets) protected by regulatory legal acts of the Parties;

10) "coordination of economic activity" - coordination of actions of economic entities (market entities) by a third party who is not part of the same group of persons with any of such economic entities (market entities) and does not operate in the commodity market (commodity markets) in which coordination of actions of economic entities is carried out (market entities);

11) "indirect control" is the ability of a legal entity or individual to determine decisions made by a legal entity through a legal entity or several legal entities between which there is direct control.;

12) "model law on competition" is a legislative act of a recommendatory nature, approved by the Interstate Council of the Eurasian Economic Community (the Highest body of the Customs Union), aimed at bringing together the legal regulation of economic relations in the field of competition policy of the Parties;

13) "monopolistically high price" is the price set by a dominant business entity (market entity) if this price exceeds the amount of expenses and profits necessary for the production and sale of such goods, as well as the price that has been formed in a competitive market, comparable in terms of the composition of buyers or sellers of goods, conditions of circulation conditions of access to the commodity market, state regulation, including taxation and customs and tariff regulation (hereinafter referred to as - a comparable commodity market) if there is such a market in the single customs territory within the Customs Union or outside it, or the price set in the same commodity market earlier, if such a price was formed in a competitive environment. The price set by a natural monopoly entity within the tariff for such goods, determined in accordance with the legislation of the Parties, cannot be considered monopolistically high.;

14) "monopolistically low price" is the price set by a dominant economic entity (market entity) if this price is lower than the amount of expenses and profits necessary for the production and sale of such goods, as well as lower than the price that was formed in a competitive environment in a comparable commodity market in the presence of such a market in the single customs territory in within or outside the Customs Union;

15) "unfair competition" - any actions of an economic entity (market entity) or several economic entities (market entities) aimed at gaining advantages in entrepreneurial activity that contradict the legislation of the Parties, business practices, requirements of integrity, reasonableness and fairness and have caused or may cause damage to other economic entities (market entities) - competitors have either caused or may cause harm to their business reputation;

16) "signs of competition restriction" - reduction in the number of economic entities (market entities) not belonging to the same group of persons in the commodity market, an increase or decrease in the price of goods not related to corresponding changes in other general conditions of circulation of goods on the commodity market, the refusal of economic entities (market entities) not belonging to the same group of persons from independent actions in the commodity market the market, determination of the general conditions for the circulation of goods on the commodity market by agreement between business entities (market entities) or in accordance with the instructions of another person that are mandatory for them, or as a result of coordination by business entities (market entities) that are not part of the same group of persons of their actions on the commodity market, as well as other circumstances that create an opportunity for the business entity an entity (market entity) or several economic entities (market entities) can unilaterally influence the general conditions of circulation of goods on the commodity market;

17) "direct control" is the ability of a legal entity or individual to determine decisions made by a legal entity through one or more of the following actions:

exercising the functions of its executive body;

obtaining the right to determine the business conditions of a legal entity;

disposal of more than 50 percent of the total number of votes attributable to shares (stakes) constituting the authorized (pooled) capital of a legal entity;

18) "agreement" means a written agreement contained in a document or several documents, as well as an oral agreement.;

19) "product" is an object of civil rights (including work, service, including financial service) intended for sale, exchange or other retaliatory introduction into circulation;

20) "commodity market" is the sphere of circulation of a product that cannot be replaced by another product, or interchangeable goods, within the boundaries of which (including geographical), based on economic, technical or other opportunity or expediency, the buyer can purchase the product and such opportunity or expediency is absent beyond its borders.;

21) "business entity (market entity)" means a commercial organization or non-profit organization engaged in income-generating activities, an individual entrepreneur, as well as an individual whose professional income-generating activities are subject to state registration and (or) licensing in accordance with the legislation of the Parties.;

22) "economic concentration" - transactions, other actions, the implementation of which has or may have an impact on the state of competition, including the creation and reorganization of commercial organizations (merger or acquisition), transactions with shares (stakes), property of commercial organizations, rights in relation to commercial organizations.

Section II Uniform principles of competition

Article 3 The principle of equality in the application of the norms of competition law

The application by the Parties of the norms of their competition (antimonopoly) legislation to the economic entities (market entities) of the Parties is carried out in the same way and equally regardless of the organizational and legal form and place of registration of such economic entities (market entities) on equal terms.

Article 4 The principle of inadmissibility of anticompetitive actions of authorities

1. The Parties shall establish in their legislation a prohibition, including on:

1) agreements between state authorities, local self-government bodies, other bodies or organizations performing their functions, or between them and economic entities (market entities), if such agreements lead or may lead to the prevention, restriction or elimination of competition, except in cases provided for by agreements of the Parties;

2) granting of state or municipal preferences, except for the cases provided for in the legislative acts of the Parties, taking into account the specifics provided for by the agreements of the Parties.

2. The Parties shall take effective measures to prevent, identify and suppress the actions (omissions) provided for in paragraph 1 of this article.

Article 5 The principle of ensuring effective control over economic concentration

The Parties, in accordance with their legislation, ensure effective control over economic concentration to the extent necessary for the protection and development of competition in the territory of the relevant Party.

Article 6 The principle of effective administration

Each Party shall ensure the existence of a national public authority, whose competence includes the implementation of antimonopoly (competition) policy, which implies, among other things, the granting of such authority the authority to monitor compliance with the prohibition of anticompetitive actions and the prohibition of unfair competition, economic concentration, as well as the authority to prevent and detect violations of competition (antimonopoly) legislation. legislation, taking measures to stop these violations and hold accountable for such violations (hereinafter referred to as - authorized body of the Party).

The Parties shall inform each other of the full names of their authorized bodies within 30 days after the entry into force of this Agreement.

Article 7 The principle of effectiveness of sanctions for anti-competitive actions

The Parties shall establish in their legislation effective sanctions for the commission of anticompetitive actions against business entities (market entities) and government officials, based on the principles of proportionality, security, inevitability and certainty, and ensure control over their application. At the same time, the Parties recognize that:

sanctions should have a direct effect and be applied directly for committing anticompetitive actions.;

In the case of penalties, the highest penalties should be imposed for violations that pose the greatest threat to competition (agreements restricting competition, abuse of a dominant position by business entities or market participants), while penalties are preferable, calculated based on the amount of the offender's proceeds from the sale of goods on the market of which the offense was committed.

Article 8 The principle of information openness

The Parties shall ensure the information transparency of their competition policy, including by posting information about the activities of the authorized bodies of the Parties in the media and on the Internet, taking into account the provisions of the legislation of the Parties.

Article 9 The principle of effective cooperation

The authorized bodies of the Parties, taking into account the norms of their legislation, interact by sending notifications, requests for information, holding consultations, informing about investigations (consideration of cases) affecting the interests of the other Party, conducting investigations (consideration of cases) at the request of the authorized body of one of the Parties and informing about its results.

Section III Uniform rules of competition

Article 10 Prohibition of agreements restricting competition between economic entities (market entities)

1. Agreements between economic entities (market entities) - competitors operating in the same commodity market, which lead or may lead to:

setting or maintaining prices (tariffs), discounts, surcharges (surcharges), surcharges;

increase, decrease or maintain prices at auction;

the division of the commodity market according to the territorial principle, the volume of sale or purchase of goods, the range of goods sold, or the composition of sellers or buyers (customers);

reduction or cessation of production of goods;

refusal to conclude contracts with certain sellers or buyers (customers).

2. Vertical agreements between business entities (market entities) are prohibited (with the exception of vertical agreements that are recognized as permissible in accordance with Part 3 of Article 11 of this Agreement) if:

Such agreements lead or may lead to the establishment of the resale price of the goods, except in the case when the seller sets the maximum resale price for the buyer.;

Such an agreement provides for the buyer's obligation not to sell the goods to an economic entity (market entity) that is a competitor of the seller. Such a prohibition does not apply to agreements on the organization by the buyer of the sale of goods under a trademark or other means of individualization of the seller or manufacturer.

3. Other agreements between business entities (market entities) are prohibited, with the exception of vertical agreements, which are recognized as permissible in accordance with part 3 of Article 11 of this Agreement, if it is established that such agreements lead or may lead to restriction of competition.

4. Individuals, commercial organizations and non-profit organizations are prohibited from coordinating the economic activities of economic entities (market entities) if such coordination leads or may lead to the consequences listed in paragraphs 2 and 3 of this article.

5. The provisions of this article shall not apply to agreements between economic entities (market entities) belonging to the same group of persons if one of such economic entities (market entity) has established direct or indirect control over another economic entity (market entity), as well as if such economic entities (market entities) are under direct or indirect control of one person.

6. The requirements of this article do not apply to agreements on the exercise of exclusive rights to the results of intellectual activity and equivalent means of individualization of a legal entity, means of individualization of products, works or services.

Article 11 Agreements that may be recognized as acceptable

1. Agreements provided for in Article 10 of this Agreement, with the exception of paragraph 2 of Article 10, may be recognized as permissible if they do not impose restrictions on economic entities (market entities) that are not necessary to achieve the objectives of these agreements and do not create an opportunity to eliminate competition in the relevant commodity market and if economic entities (market participants) will prove that such agreements have or may have their result:

assistance in improving the production (sale) of goods or stimulating technical (economic) progress or increasing the competitiveness of goods produced by the Parties in the global commodity market;

obtaining by consumers a proportionate part of the advantages (benefits) that are acquired by the relevant persons from the commission of such actions.

2. A separate agreement of the Parties may determine the cases of permissibility of agreements that meet the conditions specified in paragraph 1 of this Article (general exceptions).

3. Vertical agreements are allowed if:

Such agreements are commercial concession agreements.;

the share of each business entity (market entity) participating in such an agreement in any commodity market does not exceed 20 percent.

Article 12 Prohibition of abuse of dominant position by economic entities

1. Actions (inaction) of an economic entity (market entity) occupying a dominant position are prohibited, the result of which is or may be the prevention, restriction, elimination of competition and (or) infringement of the interests of other persons, including the following actions (inaction):

1) establishment, maintenance of monopolistically high or monopolistically low prices of goods;

2) withdrawal of the goods from circulation, if the result of such withdrawal was an increase in the price of the goods;

3) imposing on the counterparty economically or technologically unjustified terms of the contract, unfavorable for him or unrelated to the subject of the contract;

4) economically or technologically unjustified reduction or cessation of production of goods, if there is a demand for this product or orders for its supply have been placed if it is possible to produce it profitably, as well as if such reduction or cessation of production of goods is not directly provided for by the agreement of the Parties;

5) economically or technologically unjustified refusal or evasion from concluding a contract with individual buyers (customers) if it is possible to produce or supply the relevant product, taking into account the specifics provided for by other agreements of the Parties.;

6) economically, technologically or otherwise unjustified establishment of different prices (tariffs) for the same product, creation of discriminatory conditions, taking into account the specifics provided for by other agreements of the Parties;

7) the creation of obstacles to access to the commodity market or exit from the commodity market to other business entities.

2. The dominant position of an economic entity is established in accordance with the Methodology for Assessing the state of Competition, approved by the decision of the Customs Union Commission, based on the analysis of the following circumstances:

1) the share of the business entity and its ratio to the shares of competitors and buyers;

2) the ability of an economic entity to unilaterally determine the price level of goods and have a decisive influence on the general conditions of sale of goods in the relevant commodity market;

3) the existence of economic, technological, administrative or other restrictions on access to the commodity market;

4) the period of existence of the possibility of an economic entity to exert a decisive influence on the general conditions of circulation of goods on the commodity market.

Article 13 Prohibition of unfair competition

1. Unfair competition is not allowed, including:

1) dissemination of false, inaccurate or distorted information that may cause losses to an economic entity (market entity) or damage its business reputation;

2) misleading with respect to the nature, method and place of production, consumer properties, quality and quantity of the product or with respect to its manufacturers;

3) incorrect comparison by an economic entity (market entity) of goods produced or sold by it with goods produced or sold by other economic entities (market entities).

Article 14 Penalties for violation of competition rules

1. Unfair competition entails the imposition of a fine on officials in the amount of 12 thousand to 20 thousand Russian rubles; on legal entities - from 100 thousand to 500 thousand Russian rubles.

2. The conclusion by an economic entity (market entity) of an agreement that is unacceptable in accordance with section III of this Agreement, as well as participation in it, entails the imposition of a fine on officials in the amount of 20,000 to 50,000 Russian rubles or disqualification for up to 3 years.; for legal entities - from one hundredth to fifteen hundredths of the amount of the offender's proceeds from the sale of goods (work, services) on the market of which the offense was committed, but not less than 100,000 Russian rubles, and if the amount of the offender's proceeds from the sale of goods (work, services) on the market of which the offense was committed exceeds 75 percent of the total amount of the offender's proceeds from the sale of all goods (works, services), - in the amount of three thousandths to three hundredths of the amount of the offender's proceeds from the sale of goods (work, services) on the market of which the offense was committed, but not less than 100,000 Russian rubles.

3. Coordination of economic activities of business entities, which is prohibited in accordance with section III of this Agreement, shall entail the imposition of a fine on officials in the amount of 20,000 to 50,000 Russian rubles or disqualification for up to 3 years.; for legal entities - from one hundredth to fifteen hundredths of the amount of the offender's proceeds from the sale of goods (work, services) on the market of which the offense was committed, but not less than 100,000 Russian rubles, and if the amount of the offender's proceeds from the sale of goods (work, services) on the market of which the offense was committed exceeds 75 percent of the total amount of the offender's proceeds from the sale of all goods (works, services), - in the amount of three thousandths to three hundredths of the amount of the offender's proceeds from the sale of goods (work, services) on the market of which the offense was committed, but not less than 100,000 Russian rubles.

4. The commission by an economic entity (market entity) occupying a dominant position in the commodity market of actions recognized as abuse of a dominant position and unacceptable in accordance with section III of this Agreement shall entail the imposition of a fine on officials in the amount of 20,000 to 50,000 Russian rubles or disqualification for up to 3 years.; for legal entities - from one hundredth to fifteen hundredths of the amount of the offender's proceeds from the sale of goods (work, services) on the market of which the offense was committed, but not more than one fiftieth of the total amount of the offender's proceeds from the sale of all goods (work, services) and not less than 100,000 Russian rubles, and if the amount of the offender's proceeds from the sale of the goods (work, services) on the market of which the offense was committed exceeds 75 percent of the total amount of the offender's proceeds from the sale of all goods (work, services), - in the amount of three thousandths to three hundredths of the offender's proceeds from the sale of the goods (work, services) on the market of which the offense was committed, but not more than one fiftieth of the total amount of the offender's proceeds from the sale of all goods (work, services) and not less than 100,000 Russian rubles.

5. Failure to submit to the Customs Union Commission or the authorized body of the Party the information (information) provided for by this Agreement, including failure to submit information (information) at the request of the said body, as well as the submission of knowingly false information (information), shall entail the imposition of a fine on citizens in the amount of 1,500 to 2,500 Russian rubles; on officials individuals - from 10,000 to 15,000 Russian rubles; for legal entities - from 300,000 to 500,000 Russian rubles.

6. The fine is subject to transfer to the budget of the Party in whose territory the infringing business entity (market entity) is registered.

7. The fines provided for in paragraphs 1 to 4 of this Article shall be paid by the business entity (market entity) in the national currency of the Party in whose territory the business entity (market entity) is registered, which violated the uniform rules of competition provided for in Section III of this Agreement, at the exchange rate set by the central (national) bank of the said Party on the day of adoption by the Customs Union Commission of a decision on the imposition of a fine.

8. A person who voluntarily submits to the Customs Union Commission and (or) the authorized body of the Party that he has concluded an agreement that is unacceptable in accordance with Section III of this Agreement shall be released from liability for offenses provided for in paragraph 2 of this Article, provided that the following conditions are fulfilled in combination:

At the time of the person's application, the Customs Union Commission did not have information and documents about the committed offense.;

the person has refused to participate or further participate in an agreement that is unacceptable in accordance with section III of this Agreement.;

the information and documents provided are sufficient to establish the event of the offense.

The person who is the first to fulfill all the conditions provided for in this paragraph is subject to exemption from liability.

An application submitted simultaneously on behalf of several persons who have concluded an agreement that is unacceptable in accordance with section III of this Agreement is not subject to consideration.

9. The decision to impose a fine in accordance with this article is an enforcement document and is subject to execution by the national enforcement authorities of judicial acts, acts of other bodies and officials of the Party in whose territory the infringing business entity (market entity) is registered.

Section IV Control over compliance with the uniform rules of competition

Article 15 Authorized body in the field of control over compliance with the uniform rules of competition of the single economic space

1. The Customs Union Commission is the authorized body in the field of control over compliance with the uniform rules of competition of the single Economic space.

2. The suppression of violations by economic entities (market entities) of the Parties of the prohibitions established in Articles 10-12 of this Agreement shall be carried out by the Customs Union Commission if such violations have a negative impact on competition in cross-border markets on the territory of two or more Parties.

3. The Customs Union Commission:

considers applications (materials), including conducting necessary investigations, on the existence of signs of violation of the competition rules set out in section III of this Agreement, which has or may have a negative impact on competition in cross-border markets on the territory of two or more Parties.;

initiates and considers cases of violation of the competition rules established in section III of this Agreement, which has or may have a negative impact on competition in cross-border markets on the territory of two or more Parties, based on appeals from authorized bodies of the Parties, business entities (market entities) of the Parties, authorities of the Parties, individuals or on their own initiative;

Makes determinations and makes decisions binding on economic entities (market entities), including the application of sanctions to economic entities (market entities), in the cases provided for by this Agreement.;

requests and receives information, including confidential information necessary for its decision-making;

applies to the Court of the Eurasian Economic Community (hereinafter referred to as the EurAsEC Court) with a claim for violation of the provisions of this Agreement and participates in the consideration of cases by this Court.;

exercises other powers necessary for the implementation of the provisions of this Agreement.

4. The procedure for considering applications (materials) on violation of competition rules, the procedure for conducting investigations, as well as the consideration of cases on violation of competition rules is approved by a decision of the Customs Union Commission.

Article 16 Appeal against decisions taken by the Customs Union Commission and authorized bodies of the Parties

1. Acts, actions (inaction) The commissions of the Customs Union in the field of competition are challenged in the EurAsEC Court in accordance with the procedure provided for by the Statute of the EurAsEC Court and the Agreement on Applying to the EurAsEC Court for Disputes within the Customs Union and the Specifics of Judicial Proceedings on them.

2. Acts, actions (inaction) of the authorized bodies of the Parties are challenged in the judicial authorities of the Parties in accordance with the current procedural legislation of the Parties.

3. Cases on applications for challenging decisions of the authorized bodies of the Parties on the grounds of violation of the jurisdiction of the Customs Union Commission are subject to consideration in the EurAsEC Court.

4. If, during the consideration of the case specified in paragraph 3 of this Article, the EurAsEC Court finds a violation by the authorized body of the Party of the jurisdiction of the Customs Union Commission, the EurAsEC Court verifies the contested decision in full, regardless of the arguments indicated in the application.

5. In the event that the court of the Party has received an application challenging the act of the authorized body of the Party and upon its consideration it turns out that the relations under which such an act was adopted fall within the competence of the Customs Union Commission, the court of the Party suspends the proceedings and sends the participants in the proceedings to the EurAsEC Court.

6. In the case of sending an application to appeal the actions (omissions) provided for in paragraph 1 of this Article simultaneously to the judicial authority of the Party and the Court of the Eurasian Economic Community, the court of the Party leaves the received application without consideration.

Section V Introduction of state regulation of prices for goods and services on the territory of the Parties

Article 17 Procedure for the introduction of price regulation

1. The introduction by the Parties of state price regulation in commodity markets that are not in a state of natural monopoly is carried out in exceptional cases, which include emergencies and natural disasters, national security considerations, provided that the problems that have arisen cannot be solved in a way that has less negative consequences for the state of competition.

2. As a temporary measure, the Parties may introduce state price regulation for certain types of socially significant goods in certain territories for a certain period of time in accordance with the procedure provided for by the legislation of the Parties. The total period of application of the state price regulation provided for in this paragraph for one type of socially significant product in a particular territory may not exceed 90 days within one year. The extension of this period may be carried out in agreement with the Customs Union Commission.

3. The Party shall notify the Customs Union Commission and the Parties of the introduction of state price regulation provided for in paragraphs 1 and 2 of this Article within a period not exceeding 7 calendar days from the date of the relevant decision.

4. The decision to introduce state price regulation may be revoked by the Customs Union Commission in accordance with the procedure provided for in Article 18 of this Agreement.

5. The provisions of this article shall not apply to state price regulation of services, including those of natural monopoly entities, as well as to the sphere of public procurement and commodity interventions.

6. The provisions of this article shall not apply to cases of state price regulation for the goods specified in the annex to this Agreement.

Article 18 Challenging the actions of the Parties on the introduction of state price regulation

1. The decision on the introduction by a Party of state price regulation provided for in paragraphs 1 and 2 of Article 17 of this Agreement may be revoked by a decision of the Customs Union Commission on the complaint of one of the Parties.

The decision to introduce state price regulation may be revoked by the Customs Union Commission if such regulation may lead to restriction of competition, including:

to create barriers to entry to the market;

to reduce the number of business entities in such a market that are not part of the same group of persons.

At the same time, the Party challenging the decision to introduce state price regulation must prove that the goals of introducing state price regulation can be achieved in another way that has less negative consequences for the state of competition.

3. The Customs Union Commission shall make a decision on the introduction of state price regulation within a period not exceeding 2 months from the date of receipt by the Customs Union Commission of the Party's request.

4. The Commission of the Customs Union has the right to determine the procedure for filing and considering appeals from the Parties on the facts of the introduction of state price regulation.

5. If the Party does not agree with the decision of the Customs Union Commission, the issue is submitted for consideration by the Interstate Council of the Eurasian Economic Community (the highest body of the Customs Union). In this case, the decision of the Customs Union Commission, adopted upon the introduction of state price regulation, is not subject to execution until it is considered by the Interstate Council of the Eurasian Economic Community (the Highest body of the Customs Union).

Section VI Interaction of authorized bodies of the Parties

Article 19 Interaction of authorized bodies of the Parties

The interaction of the authorized bodies of the Parties within the framework of the implementation of this Agreement is carried out when law enforcement activities are carried out by the authorized bodies of the Parties by sending notifications, requests for information, requests and orders for certain procedural actions, information exchange, coordination of law enforcement activities of the Parties, as well as the implementation of law enforcement activities at the request of one of the Parties.

The interaction of the authorized bodies of the Parties is carried out by the central offices of the authorized bodies of the Parties.

Article 20 Notification

1. Each of the authorized bodies of the Parties shall notify the authorized body of the other Party if they become aware that its law enforcement activities may affect the interests of the other Party in the field of competition protection.

2. By law enforcement activities that may affect the interests of the other Party in the field of competition protection, the Parties understand the activities of the authorized bodies of the Parties.:

related to the law enforcement activities of the other Party;

concerning anticompetitive actions (with the exception of merger or acquisition transactions and other actions), including those carried out on the territory of the other Party;

concerning transactions (other actions) in which one of the parties to the transaction or a person controlling one or more parties to the transaction or otherwise determining the terms of their business activities is a person registered or established in accordance with the legislation of the other Party;

related to the application of coercive measures that require or prohibit any actions on the territory of the other Party in the framework of ensuring compliance with competition law.

3. Notifications of transactions (other actions) are sent:

no later than the date on which the authorized body of the notifying Party makes a decision to extend the deadline for reviewing the transaction.;

in cases where a decision on a transaction is made without extending the deadline for its consideration, no later than the date of the decision on the transaction within a reasonable time, allowing the notified Party to express its opinion on the transaction.

4. In order to ensure that the opinion of the other Party can be taken into account, notifications on the issues referred to in paragraphs two, three and five of paragraph 2 of this Article shall be sent to that Party at the stage of consideration of the case upon the discovery of circumstances that need to be notified to the other Party, subject to a reasonable time allowing the notified Party to express its opinion, but in any case, before making a decision on the case or concluding a settlement agreement.

5. The notification is sent in writing and must contain information sufficient to enable the notified Party to conduct a preliminary analysis of the consequences of the law enforcement activities of the notifying Party affecting the interests of the notified Party.

Article 21 Sending requests for information and documents, instructions on carrying out certain procedural actions

1. The authorized bodies of the Parties have the right to send requests for information and documents, as well as instructions on carrying out certain procedural actions.

2. A request for information and documents, as well as an order to conduct certain procedural actions, shall be drawn up in writing on the letterhead of the authorized body of the Party and must contain:

1) the number of the relevant case (if any) for which information is requested, a detailed description of the offense and other related facts, the legal qualification of the act in accordance with the legislation of the requesting Party, with the text of the applicable law attached.;

2) the names, patronymics and surnames of the persons in respect of whom the relevant cases are being considered, witnesses, their place of residence or residence, citizenship, occupation, place and date of birth, for legal entities - their name and location (if information is available about the listed information);

3) in the order for the delivery of the document - the exact address of the recipient and the name of the document being served;

4) a list of information and actions to be submitted or executed (in order to conduct a survey, it is necessary to indicate which circumstances should be clarified and clarified, as well as indicate the sequence and wording of the questions to be put to the interviewee).

3. A request for the provision of information and documents, or an order to conduct certain procedural actions may also contain:

1) indication of the deadline for the required measures;

2) a request to carry out the activities specified in the request in a certain order;

3) a request for an opportunity for representatives of the authorized bodies of the requesting Party to be present at the performance of the activities specified in the request, as well as, if this does not contradict the legislation of each of the Parties, to participate in their implementation.;

4) other petitions related to the execution of a request or assignment.

4. A request for the provision of information and documents, an order to conduct certain procedural actions, shall be signed by the head of the requesting authorized body of the Party or his deputy. The request or instruction must be accompanied by available copies of the documents referenced in the text of the request or instruction, as well as other documents necessary for their proper execution.

5. Orders for expert examinations and other procedural actions, the execution of which requires additional costs for the executing Party, are sent by prior agreement between the authorized bodies of the Parties.

6. The authorized bodies of the Parties may send procedural documents by mail directly to the participants in the relevant cases located on the territory of the other Party.

7. It is allowed to send a repeated request for the provision of information and documents, instructions for carrying out certain procedural actions, if it is necessary to obtain additional information or clarify information received as part of the execution of the previous request or instruction.

Article 22 Execution of orders to carry out certain actions and requests for information and documents

1. A request for information and documents and an order to conduct certain procedural actions shall be executed within 1 month from the date of their receipt or within another period agreed upon in advance by the authorized bodies of the Parties.

If it is necessary to apply to another state body of the Party or to an economic entity of the requested Party, the specified time limits shall be extended by the time of execution of such request.

2. The requested authorized body of the Party shall carry out the actions specified in the request or instruction and answer the questions raised. The requested authorized body of the Party has the right, on its own initiative, to carry out actions not provided for by the request or instruction related to their execution.

3. If it is impossible to execute a request or order within the time limits specified in paragraph 1 of this Article, the requested authorized body must inform the requesting authorized body of the Party about the expected time frame for the execution of the request or order.

4. The authorized bodies of the Parties study the practice of executing requests for information and documents and orders to conduct certain procedural actions, informing each other about the facts of their improper execution.

5. Documents produced or certified by an institution or a specially authorized official within their competence and stamped on the territory of one of the Parties are accepted on the territory of the other Parties without any special certificate.

6. The provision of legal assistance in cases of administrative offenses may be refused if the execution of the request may harm the sovereignty, security, public order or other interests of the requested Party or contradict its legislation.

7. Each Party shall independently bear the costs incurred in connection with the execution of requests and orders.

In some cases, the authorized bodies of the Parties may agree on a different procedure for making expenses.

Article 23 Specifics of the execution of orders to carry out certain procedural actions

1. The authorized bodies of the Parties, when executing orders to carry out certain procedural and other actions, shall:

1) interviewing the persons in respect of whom the relevant case is being conducted, as well as witnesses;

2) the demand for documents necessary for the proceedings in the case;

3) Inspection;

4) obtaining the information necessary for the proceedings on the case or its consideration from government agencies and individuals;

5) handing over documents or their copies to the participants of the relevant case;

6) examination and other actions.

2. Procedural and other actions in the relevant cases are carried out in accordance with the legislation of the requested Party.

3. In the event that the legislation of the requested Party requires the issuance of special orders by authorized officials for the conduct of certain procedural actions, then their issuance is carried out at the place of execution of the order.

4. Upon agreement of the authorized bodies of the Parties, procedural actions in the territory of the requested Party may be carried out in the presence or with the participation of representatives of the authorized body of the requesting Party in accordance with the legislation of the requested Party.

Article 24 Exchange of information

1. The authorized bodies of the Parties, taking into account the requirements of their legislation, exchange information:

1) on the state of commodity markets, approaches and practical results of demonopolization within the framework of economic restructuring, methods and experience in preventing, restricting and suppressing monopolistic activities and developing competition;

2) information contained in the national registers of enterprises that occupy a dominant position and supply products to the commodity markets of the Parties;

3) on the practice of considering cases of violations of the antimonopoly legislation of each of the parties.

2. The authorized bodies of the Parties cooperate in the development of national laws and regulations on antimonopoly policy by providing information and methodological assistance.

3. Each of the authorized bodies of the Parties shall make available to the authorized body of the other Party any information on anti-competitive actions that it possesses, if such information, in the opinion of the authorized body of the sending Party, is relevant or may serve as a basis for law enforcement activities of the authorized body of the other Party.

4. Each of the authorized bodies of the Parties has the right to send to the authorized body of the other Party a request for the provision of relevant information outlining the circumstances of the case for consideration of which the requested information is required.

The authorized body of the Party that received the request shall provide the requesting authorized body of the other Party with the information in its possession, if such information is considered relevant to the law enforcement activities of the requesting Party.

The requested information is sent within the time limits agreed between the authorized bodies of the Parties, but no later than 60 days from the date of receipt of the request.

The information received is used only for the purposes of a relevant request or consultation and is not subject to disclosure or transfer to third parties without the consent of the authorized body of the Party that transmitted the information.

Article 25 Implementation of law enforcement activities at the request of one of the Parties

1. If one of the Parties believes that anticompetitive actions carried out on the territory of the other Party negatively affect its interests, it may notify the Party in whose territory the anticompetitive actions are being carried out, and may also request this Party to initiate appropriate law enforcement actions related to the suppression of the relevant anticompetitive actions.. This interaction is carried out through the authorized bodies of the Parties.

The notification must contain information about the nature of the anticompetitive actions and possible consequences for the interests of the notifying Party, as well as an offer to provide additional information and other cooperation that the notifying Party is authorized to offer.

2. Upon receipt of the notification in accordance with paragraph 1 of this Article and after negotiations between the authorized bodies of the Parties, if necessary, the notified Party decides on the need to initiate law enforcement actions or expand previously initiated law enforcement actions in relation to the anticompetitive actions specified in the notification. The notified Party shall notify the notifying Party of the decision taken. When carrying out law enforcement actions in relation to the anticompetitive actions specified in the notification, the notified Party informs the notifying Party of the results of the relevant law enforcement actions.

When deciding on the initiation of law enforcement actions, the notified Party is guided by its legislation on protection of competition.

The provisions of this Article do not restrict the right of the notifying Party to carry out law enforcement actions provided for by the legislation of this Party on protection of competition.

Article 26 Coordination of law enforcement activities of the Parties

1. In cases of mutual interest in the implementation of law enforcement actions in relation to interrelated transactions (actions being performed), the authorized bodies of the Parties may agree on cooperation in the implementation of law enforcement actions. When deciding on cooperation in the implementation of law enforcement actions, the authorized bodies of the Parties take into account the following factors::

1) the possibility of more effective use of material and information resources aimed at law enforcement activities and (or) reduction of costs incurred by the parties in the course of law enforcement activities;

2) the Parties' ability to obtain information that is necessary for the implementation of law enforcement activities;

3) the intended result of such interaction is an increase in the capabilities of the interacting Parties to achieve the goals of their law enforcement activities.

2. Upon proper notification to the other Party, either Party may limit or terminate cooperation under this Agreement and take law enforcement actions independently of each other in accordance with its legislation.

Article 27 Confidentiality of information

1. The information and documents provided in the framework of cooperation on the issues specified in Articles 19-26 of this Agreement are confidential and may be used exclusively for the purposes provided for in this Agreement. The use and transfer of information to third parties for other purposes is possible only with the written consent of the authorized body of the Party that provided them.

2. Each Party ensures the protection of information, documents and other information, including personal data provided by the authorized body of the other Party.

Section VII Implementation of the Agreement

Article 28 Stages of implementation of the Agreement

The implementation of this agreement takes place in accordance with the sequence of the following steps:

creation of the necessary regulatory framework for the functioning of the authorized body in the field of monitoring compliance with the uniform rules of competition within the framework of the Single Economic Space and for appealing its decisions in accordance with the procedure provided for in Article 16 of this Agreement;

harmonization of the legislation of each of the Parties in accordance with the procedure provided for in Article 30 of this Agreement;

transfer of powers to the Customs Union Commission to monitor compliance by economic entities (market entities) of the Parties with the common competition rules, the violation of which has or may have a negative impact on competition in cross-border markets on the territory of two or more Parties, in accordance with the procedure provided for in Article 31 of this Agreement.

Article 29 Creation of the necessary regulatory framework for monitoring compliance with the uniform rules of competition

1. Within 12 months from the date of entry into force of this Agreement, the Customs Union Commission approves:

1) the methodology for assessing the state of competition;

2) the Parties' ability to obtain information that is necessary for the implementation of law enforcement activities;

3) the intended result of such interaction is an increase in the capabilities of the interacting Parties to achieve the goals of their law enforcement activities.

Article 27 Confidentiality of information

2. Each Party ensures the protection of information, documents and other information, including personal data provided by the authorized body of the other Party.

Section VII Implementation of the Agreement

Article 28 Stages of implementation of the Agreement

The implementation of this agreement takes place in accordance with the sequence of the following steps:

harmonization of the legislation of each of the Parties in accordance with the procedure provided for in Article 30 of this Agreement;

Article 29 Creation of the necessary regulatory framework for monitoring compliance with the uniform rules of competition

1. Within 12 months from the date of entry into force of this Agreement, the Customs Union Commission approves:

1) the methodology for assessing the state of competition;

2) the methodology for determining monopolistically high (low) prices;

3) the calculation methodology and the procedure for imposing fines provided for in this Agreement;

4) if necessary, the specifics of the application of competition rules in various sectors of the economy;

5) the procedure for reviewing applications (materials) on violation of competition rules;

6) the procedure for investigating violations of competition rules;

7) the procedure for considering cases of violation of competition rules;

8) the procedure for interaction, including information, of the Customs Union Commission and authorized bodies of the Parties;

9) the functions and structure of the subdivision of the Customs Union Commission responsible for conducting investigations and preparing case materials on violations of competition rules established by Section III of this Agreement, the number and status of such a subdivision, personnel requirements, work regulations and the procedure for financing its activities;

10) other documents necessary to ensure the implementation of uniform competition rules.

2. Within 12 months from the date of entry into force of this Agreement, the Parties shall ensure the formation of a panel within the framework of the EurAsEC Court to consider cases of violations of competition rules.

Article 30 Harmonization of the legislation of each of the Parties

1. The Parties shall bring their legislation into line with the principles and rules of competition established by sections II and III of this Agreement.

2. In order to harmonize the legislation of each of the Parties in the field of competition policy, the Customs Union Commission, by its decision on the proposal of the Parties, establishes which regulatory legal acts of the Parties in this area are subject to change or adoption, and also determines the sequence of implementation of appropriate measures to harmonize the legislation of each of the Parties in this area, and also sets a time limit (no more than 18 months from the moment of entry into force of this Agreement), during which the Parties bring their legislation into line with the principles and rules of competition established by sections II and III of this Agreement.

During the same period, the Parties shall ensure the development and adoption of a model competition law.

Article 31 Stages of transfer to the Customs Union Commission of the powers of the Parties to monitor compliance with the uniform rules of competition

1. The Parties shall transfer to the Customs Union Commission the powers to monitor compliance by economic entities (market entities) of the Parties with the uniform rules of competition regarding compliance with the prohibition of unfair competition, which has or may have a negative impact on competition in cross-border markets in the territory of two or more Parties, no later than 20 months after the date of entry into force the force of this Agreement is subject to compliance with the requirements of Articles 29 and 30 of this Agreement.

The transfer of powers to the Customs Union Commission to monitor compliance by economic entities (market entities) of the Parties with the uniform rules of competition in terms of compliance with the prohibition of unfair competition in terms of exclusive rights to intellectual property results is carried out only after the Parties have developed and adopted an agreement on uniform rules of regulation in the field of intellectual property protection.

2. The Parties shall transfer to the Customs Union Commission the powers to monitor compliance by business entities (market entities) of the Parties with the uniform rules of competition regarding compliance with the prohibition on anticompetitive agreements that have or may have a negative impact on competition in cross-border markets in the territory of two or more Parties, no later than 22 months after the date of entry into force of this Agreement. The Agreement is subject to compliance with the requirements of Articles 29 and 30 of this Agreement.

3. The Parties shall transfer to the Customs Union Commission the powers to monitor compliance by business entities (market entities) of the Parties with the uniform rules of competition regarding compliance with the prohibition on abuse of a dominant position that has or may have a negative impact on competition in cross-border markets on the territory of two or more Parties, no later than two years after the date of entry into force entry into force of this Agreement, subject to compliance with the requirements of Articles 29 and 30 of this Agreement.

4. Prior to the transfer of powers to the Customs Union Commission in accordance with paragraphs 1-3 of this Article to consider cases of violation of competition rules established by Section III of this Agreement, control over compliance by economic entities (market entities) of the Parties with these competition rules is carried out by the authorized bodies of the Parties in accordance with the legislation of each of the Parties.

The authorized bodies of the Parties shall fully assist the authorized body of the Party considering the case of violation of the competition rules established by Section III of this Agreement, in accordance with the procedure provided for in section VI of this Agreement.

When exercising control over the observance of competition rules by economic entities (market entities) of the Parties, the authorized bodies of the Parties shall be guided by this Agreement and the legislation of each of the Parties in the part not regulated by this Agreement.

5. Prior to the transfer of powers to the Customs Union Commission to monitor compliance by economic entities (market entities) of the Parties with the competition rules established by Section III of this Agreement, the violation of which has or may have a negative impact on competition in cross-border markets on the territory of two or more Parties, the Commission monitors the enforcement by authorized bodies of the Parties of the uniform rules of competition.

6. The transfer to the Customs Union Commission of the powers of the Parties to monitor compliance with the uniform rules of competition is formalized by a decision of the Interstate Council of the Eurasian Economic Community (the Supreme Body of the Customs Union), which records the fact of fulfillment of the requirements provided for in Articles 29 and 30 of this Agreement, necessary for the transfer of the relevant authority.

7. The transfer of the powers provided for in this Article to the Customs Union Commission is subject to the entry into force of an agreement between the Parties defining the procedure for protecting confidential information and responsibility for its disclosure when the Customs Union Commission exercises its powers.

Section VIII Final provisions

Article 32 Competition policy of the Parties in relation to third countries

The Parties shall pursue a coordinated competition policy with respect to the actions of economic entities (market entities) of third countries, if such actions may have a negative impact on the state of competition in the commodity markets of the Parties.

Article 33 Dispute resolution

Disputes related to the application or interpretation of the provisions of this Agreement are resolved by the Parties through consultations, and if the Parties refuse to hold consultations or fail to reach a mutually acceptable solution during their conduct, the Party whose interests are violated has the right to apply to the EurAsEC Court.

Article 34 Amendment of the Agreement

By agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.

Article 35 Procedure for entry into force of the Agreement, accession to the Agreement and withdrawal from it

This Agreement is subject to ratification.

This Agreement, with the exception of Article 16 of this Agreement, shall enter into force from the date of receipt by the depositary of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.

Article 16 of this Agreement shall enter into force only after compliance with the conditions provided for in Articles 29, 30, paragraphs 1-3 and 7 of Article 31 of this Agreement.

Either Party to this Agreement may withdraw from it by sending a written notification of its intention to the depositary through diplomatic channels at least 6 months before the date of withdrawal.

This Agreement is open for accession by other States, provided that they accept obligations arising from international treaties forming the legal framework of the Customs Union and with the consent of all Parties.

Done in Moscow on December 9, 2010, in one original copy in the Russian language.

The original copy of this Protocol shall be kept by the depositary, whose functions are performed by the Integration Committee of the Eurasian Economic Community.

Behind

The Republic

Russian

Belarus

Kazakhstan

The Federation

Annex to the Agreement on Common Principles and Rules of Competition

The LIST of goods in respect of which the provisions of Article 17 of this Agreement do not apply

1. Natural gas

2. Liquefied natural gas for domestic use

3. Electrical and thermal energy

4. Vodka, distillery and other alcoholic products with a strength exceeding 28 percent (minimum price)

5. Ethyl alcohol from food raw materials (minimum price)

6. Medicines

7. Solid fuel, heating oil and kerosene for household needs

8. Nuclear power cycle products

9. Petroleum products

I hereby certify that this text is a complete and authentic copy of the original Agreement on Common Principles and Rules of Competition, signed on December 9, 2010 in Moscow: on behalf of the Republic of Belarus - Deputy Prime Minister of the Republic of Belarus A.V. Kobyakov, on behalf of the Government of the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan U.E. Shukeev, on behalf of Government of the Russian Federation - First Deputy Chairman of the Government of the Russian Federation I.I. Shuvalov.

The original copy is kept in the Integration Committee of the Eurasian Economic Community.

Everything is laced, fastened

signed and stamped 40 sheets

Head of Legal Department

Department of the Secretariat

The EurAsEC Integration Committee

V.S. Knyazev

13.12.2010

President

Republic of Kazakhstan

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