{"id":11878,"date":"2024-05-20T12:50:41","date_gmt":"2024-05-20T07:50:41","guid":{"rendered":"https:\/\/invest-in-uzbekistan.org\/?p=11878"},"modified":"2024-07-03T17:46:38","modified_gmt":"2024-07-03T12:46:38","slug":"o-konkurentsii-zakon-respubliki-uzbekistan-dd-3-07-2023-g-zru-850-son","status":"publish","type":"post","link":"https:\/\/invest-in-uzbekistan.org\/en\/zakonodatelstvo\/o-konkurentsii-zakon-respubliki-uzbekistan-dd-3-07-2023-g-zru-850-son\/","title":{"rendered":"ON COMPETITION LAW OF THE REPUBLIC OF UZBEKISTAN DD 3. JULY 3, 2023y. \u2116. LRU-850"},"content":{"rendered":"

LAW <\/span><\/strong><\/p>\n

OF THE REPUBLIC OF UZBEKISTAN<\/span><\/strong><\/p>\n

3.<\/span> JULY <\/span>3, 2023<\/span>y.<\/span><\/strong><\/p>\n

\u2116<\/span>. LRU-850<\/span><\/strong><\/p>\n

.<\/span><\/span><\/p>\n

ON COMPETITION<\/span><\/strong><\/p>\n

ADOPTED BY THE LEGISLATIVE CHAMBER ON FEBRUARY 14, 2023<\/span><\/span><\/p>\n

APPROVED BY THE SENATE ON MARCH 2, 2023<\/span><\/span><\/p>\n

.<\/span><\/span><\/p>\n

CHAPTER 1. GENERAL PROVISIONS<\/span><\/strong><\/p>\n

Article 1. Purpose of this Law<\/span><\/p>\n

The purpose of this Law is to regulate relations in the field of competition related to the implementation of control and suppression of actions that lead or may lead to restriction of competition in product or financial markets, as well as to the infringement of the rights and legitimate interests of consumers in conditions of competition or natural monopoly.<\/span><\/p>\n

Article 2. Competition legislation<\/span><\/p>\n

Competition legislation consists of this Law and other legislative acts.<\/span><\/p>\n

If an international treaty of the Republic of Uzbekistan establishes rules other than those provided for by the legislation of the Republic of Uzbekistan on competition, then the rules of the international treaty apply.<\/span><\/p>\n

Article 3. Scope of application of this Law<\/span><\/p>\n

This Law applies to actions (inaction) of individuals and legal entities, including government bodies, which lead or may lead to restriction of competition in the product or financial market in the Republic of Uzbekistan, as well as to the infringement of the rights and legitimate interests of consumers in conditions of competition or natural monopolies committed on the territory of the Republic of Uzbekistan and (or) beyond its borders.<\/span><\/p>\n

This Law does not apply to relations related to exclusive rights to intellectual property.<\/span><\/p>\n

Article 4. Basic concepts<\/span><\/p>\n

The following basic concepts apply in this Law:<\/span><\/p>\n

enterprise<\/span> with state participation<\/span><\/strong> – a legal entity carrying out economic activities, in the authorized fund (authorized capital) of which the state’s share exceeds 25 percent, as well as a state unitary enterprise or state institution that has been granted the right to carry out economic activities;<\/span><\/p>\n

affiliates<\/span> of enterprises with state participation<\/span><\/strong> – legal entities, 20 percent or more of the authorized capital (authorized capital) of which directly or indirectly belong to enterprises with state participation;<\/span><\/p>\n

unfair competition<\/span><\/strong> – actions of an economic entity or group of persons aimed at acquiring advantages in carrying out economic activities, which are contrary to the law, business customs and cause or may cause losses to other economic entities (competitors) or cause or may cause damage to their business reputation;<\/span><\/p>\n

consumer<\/span><\/strong> – an individual or legal entity who purchases, orders or intends to purchase or order goods from a business entity;<\/span><\/p>\n

economic<\/span> concentration –<\/span><\/strong> transactions and (or) other actions leading to the predominance of an economic entity or group of persons, which affects the state of competition in the product or financial market;<\/span><\/p>\n

discriminatory conditions<\/span><\/strong> – conditions of access to a commodity or financial market, conditions of production, consumption, acquisition, sale or other transfer of goods, which, other things being equal, place one or more business entities in an unequal position compared to another business entity (competitor);<\/span><\/p>\n

financial market –<\/span><\/strong> the sphere of circulation of financial services provided by banks, credit, insurance and other financial organizations, as well as services of professional participants in the securities market on the territory of the Republic of Uzbekistan or its part, which may not coincide with the administrative-territorial structure of the Republic of Uzbekistan and within the boundaries of which there is a possibility of providing such services;<\/span><\/p>\n

coordinated actions<\/span><\/strong> – actions without mutual consent of two or more business entities, satisfying the interests of each of them, when the actions of one are known to the other or are carried out on the basis of the actions of each of them, which limit or may lead to restriction of competition and (or) infringement of rights and legitimate interests consumers in a competitive environment.<\/span><\/p>\n

competition –<\/span><\/strong> competitiveness of economic entities (competitors), in which their independent actions exclude or limit the ability of each of them to unilaterally influence the general conditions of circulation of goods on the commodity or financial market;<\/span><\/p>\n

digital<\/span> platform<\/span><\/strong> – an information system that provides paid or free use of digital products through the worldwide information network Internet;<\/span><\/p>\n

natural<\/span> monopoly<\/span><\/strong> – a state of the commodity market in which, due to technological features, it is impossible or economically infeasible to create competitive conditions for satisfying demand for a certain type of goods;<\/span><\/p>\n

subject<\/span> of a natural monopoly<\/span><\/strong> – an economic entity or group of persons engaged in the production and (or) sale of goods under conditions of a natural monopoly;<\/span><\/p>\n

goods<\/span> –<\/span><\/strong> a product of activity intended for acquisition and sale, including work and services;<\/span><\/p>\n

commodity market<\/span><\/strong> – the sphere of circulation of goods, including interchangeable goods (comparable in functionality, application, quality and technical characteristics, price and other parameters of which the consumer is ready to replace) on the territory of the Republic of Uzbekistan or its part, which may not coincide with the administrative-territorial structure of the Republic of Uzbekistan and within the boundaries of which there is the possibility of its acquisition or sale;<\/span><\/p>\n

economic entity<\/span><\/strong> – a legal entity engaged in the production, acquisition and sale of goods, including an enterprise with state participation and an institution engaged in economic activities; an individual carrying out business activities without forming a legal entity;<\/span><\/p>\n

Article 5. Basic principles in the field of competition<\/span><\/p>\n

The basic principles in the field of competition are:<\/span><\/p>\n

fair<\/span> competition;<\/span><\/p>\n

legality<\/span>;<\/span><\/p>\n

priority<\/span> of the rights and legitimate interests of consumers;<\/span><\/p>\n

transparency<\/span>;<\/span><\/p>\n

equality<\/span>.<\/span><\/p>\n

Article 6. Main directions of state policy in the field of competition<\/span><\/p>\n

The main directions of state policy in the field of competition are:<\/span><\/p>\n

protection<\/span> of competition, prevention and cessation of anti-competitive actions, taking into account the priority of the rights and legitimate interests of consumers;<\/span><\/p>\n

creating<\/span> intolerance in society towards any anti-competitive actions;<\/span><\/p>\n

development<\/span> of a competitive environment and creation of conditions for the effective functioning of commodity and financial markets;<\/span><\/p>\n

ensuring<\/span> freedom of economic activity of participants in commodity and financial markets and free movement of goods;<\/span><\/p>\n

formation<\/span> of a competitive environment in areas where natural monopoly entities operate;<\/span><\/p>\n

establishing<\/span> equal conditions for participants in commodity and financial markets and reducing government participation in the economy;<\/span><\/p>\n

increasing<\/span> the responsibility of republican executive authorities for improving and developing the competitive environment.<\/span><\/p>\n

Article 7. Authorized state body in the field of competition and sources of financing its activities<\/span><\/p>\n

The authorized state body in the field of competition (antimonopoly body) is the Committee for the Development of Competition and Protection of Consumer Rights of the Republic of Uzbekistan (hereinafter referred to as the authorized state body).<\/span><\/p>\n

In its activities, the authorized state body is directly accountable to the President of the Republic of Uzbekistan and the Senate of the <\/span>Oliy<\/span> Majlis<\/span> of the Republic of Uzbekistan and carries out its activities independently of state bodies, other organizations and officials.<\/span><\/p>\n

Financing of the activities of the central apparatus of the authorized state body and its territorial bodies <\/span>is carried out<\/span> at the expense of the State Budget of the Republic of Uzbekistan and other sources not prohibited by law.<\/span><\/p>\n

Article 8. Assessment of the impact of regulations and their drafts on competition<\/span><\/p>\n

The authorized state body assesses the impact of regulations and their drafts on competition, <\/span>and also<\/span> develops proposals and recommendations aimed at eliminating regulations that directly or indirectly lead or may lead to restriction of competition in the product or financial market.<\/span><\/p>\n

To assess the impact on competition, draft regulatory legal acts <\/span>are submitted<\/span> to the authorized state body, providing for:<\/span><\/p>\n

the introduction of new restrictions, new types of licenses, permitting procedures for business entities or the extension of existing restrictions, permitting procedures, licensed types of activities to a wider range of market participants;<\/span><\/p>\n

introduction<\/span> of additional requirements and conditions for obtaining licenses or permits;<\/span><\/p>\n

increasing<\/span> the requirements for the minimum size of the authorized capital (authorized capital) of legal entities;<\/span><\/p>\n

restriction<\/span> (reduction) of the established rights of business entities or the introduction of additional obligations or additional expenses for them;<\/span><\/p>\n

establishing<\/span> any types of benefits, guarantees, preferences for business entities, as well as granting them new rights, including exclusive ones.<\/span><\/p>\n

Draft regulatory legal acts provided for in part two of the article <\/span>are adopted<\/span> in the prescribed manner only in the presence of conclusions from the authorized state body based on the results of assessing their impact on competition.<\/span><\/p>\n

The authorized state body reviews reports developed based on the results of assessing the impact of regulations and their projects on competition.<\/span><\/p>\n

The authorized state body and its territorial bodies conduct a study of current legislative acts and documents adopted by state bodies and other organizations for their compliance with competition legislation.<\/span><\/p>\n

The study <\/span>is carried out<\/span> at the initiative of the authorized government body, <\/span>based on<\/span> requests from individuals and legal entities, proposals and recommendations of subjects of public control, as well as the results of the study of materials published in the media.<\/span><\/p>\n

In case of identification of legislative acts that contradict competition legislation, the authorized state body:<\/span><\/p>\n

according<\/span> to laws, decrees and resolutions of the President of the Republic of Uzbekistan and resolutions of the Cabinet of Ministers of the Republic of Uzbekistan – makes proposals to the Administration of the President of the Republic of Uzbekistan and the Cabinet of Ministers of the Republic of Uzbekistan in the prescribed manner;<\/span><\/p>\n

on<\/span> acts of legislation adopted by other government bodies (with the exception of local government bodies), submits to them an idea on eliminating violations of competition law.<\/span><\/p>\n

If acts of legislation adopted by local government bodies are identified that contradict competition law, the authorized state body submits to them a proposal to eliminate violations of competition law within a specified <\/span>period<\/span>.<\/span><\/p>\n

The procedure for assessing the impact of regulations and their drafts on competition <\/span>is determined<\/span> by law.<\/span><\/p>\n

Article 9. Antimonopoly compliance<\/span><\/p>\n

Antitrust compliance is a system of internal organizational procedures to ensure compliance of activities with the requirements of competition legislation, identifying risks of their violation and preventing these risks.<\/span><\/p>\n

The main objectives of antitrust compliance are:<\/span><\/p>\n

ensuring and monitoring the compliance of the activities of republican executive authorities, local government authorities, including state unitary enterprises or institutions that carry out licensing of certain types of activities, issuing permitting documents that accept notifications through a special electronic system, vested with powers of registration or accreditation, as well as state trust funds (hereinafter referred to as republican executive authorities and other organizations), economic entities and associations of legal entities, the requirements of competition legislation;<\/span><\/p>\n

management<\/span> of risks of violation of competition law requirements;<\/span><\/p>\n

identification<\/span> and prevention of violations of competition legislation by republican executive authorities and other organizations, business entities and associations of legal entities;<\/span><\/p>\n

formation<\/span> and regulation of fair competition.<\/span><\/p>\n

In order to introduce antimonopoly compliance, ensure <\/span>its<\/span> functioning and monitoring in the republican executive authorities and other organizations, business entities and associations of legal entities, a responsible person is appointed.<\/span><\/p>\n

Antimonopoly compliance is mandatory to <\/span>be implemented<\/span> in:<\/span><\/p>\n

republican<\/span> executive authorities and other organizations;<\/span><\/p>\n

business<\/span> entities with a dominant position in the commodity or financial market;<\/span><\/p>\n

legal entities, the amount of average annual revenue from the sale of goods over the last three years exceeds one hundred thousand times the base calculated value and in the authorized capital (authorized capital) of which 50 percent or more belongs to the state;<\/span><\/p>\n

legal entities, the amount of average annual revenue from the sale of goods over the last three years exceeds one hundred thousand times the base calculated value and in the authorized fund (authorized capital) of which 50 percent or more belongs to a legal entity, the state share in the authorized fund (authorized capital) of which is 50 and more percent;<\/span><\/p>\n

associations<\/span> of legal entities.<\/span><\/p>\n

The introduction of antimonopoly compliance in business entities not specified in part four of this article is of a recommendatory nature.<\/span><\/p>\n

The procedure for organizing and implementing antimonopoly compliance is determined by law<\/span>.<\/span><\/p>\n

Article 10. Group of persons<\/span><\/p>\n

A group of persons is a group of persons who have a single (common) economic interest and who meet one or more of the following conditions:<\/span><\/p>\n

two or more business entities, one of which directly or indirectly, as well as in accordance with powers received from other persons, owns more than 50 percent of the authorized capital (authorized capital) of another business entity;<\/span><\/p>\n

two or more business entities in which the same individual, as well as his spouse, parents (adoptive parents), children (adopted, adopted), blood and half-brothers and sisters (hereinafter – close relatives) by virtue of their participation in these business entities directly and (or) indirectly or in accordance with powers received from other persons, own (have) more than 50 percent of the authorized capital (authorized capital) of each of these business entities;<\/span><\/p>\n

two<\/span> or more business entities in which the same legal entity, by virtue of its participation in these business entities directly and (or) indirectly or in accordance with powers received from other persons, owns (has) more than 50 percent of the authorized capital ( authorized capital) of each of these business entities;<\/span><\/p>\n

two<\/span> or more legal entities, the executive body of which includes the same individual and his close relatives;<\/span><\/p>\n

two<\/span> or more legal entities in which more than 50 percent of the quantitative composition of the collegial executive body and (or) supervisory board are the same individuals and their close relatives;<\/span><\/p>\n

two or more legal entities, one of which, on the basis of legislation or constituent documents of these legal entities or agreements concluded with them, has the right to give these legal entities binding instructions;<\/span><\/p>\n

two<\/span> or more business entities in which the same individual or the same legal entity, on the basis of legislation and (or) the constituent documents of these legal entities or contracts concluded with them, has the right to give them binding instructions.<\/span><\/p>\n

In this Law, a group of persons <\/span>is considered<\/span> as a single subject of the commodity or financial market.<\/span><\/p>\n

Article 11. Monopoly high price of goods<\/span><\/p>\n

A monopoly high price of a product is the price of a product set by an economic entity that has a dominant position in the commodity or financial market, if the difference between the selling price of the product and the costs necessary for its production and (or) sale is very high or the price of the product is aimed at obtaining additional profit for due to a decrease in the quality of the product.<\/span><\/p>\n

The price of a product is not recognized as a monopolistically high price if it was formed <\/span>as a result<\/span> of commodity and raw materials exchange trading, with the exception of the price formed as a result of manipulative actions with the participation of economic entities having a dominant position.<\/span><\/p>\n

The requirements of this article do not apply to export prices.<\/span><\/p>\n

The monopoly high price of a product is determined in the manner established by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Article 12. Monopoly low price of goods<\/span><\/p>\n

A monopolistically low price of a product is the price of a product set by an economic entity with a dominant position in the commodity or financial market at a level below its cost and bringing losses from the sale of this product, the result of which is to restrict competition.<\/span><\/p>\n

The requirements of this article do not apply to export prices.<\/span><\/p>\n

The monopolistically low price of a product is determined in the manner established by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Article 13. Dominant position<\/span><\/p>\n

A dominant position is the position of an economic entity or group of persons in a product or financial market, providing him (her) with the opportunity to carry out its activities <\/span>independently of competing economic entities and have a decisive influence on the state of competition, impede access to the relevant market for other economic entities or otherwise limit freedom their economic activities.<\/span><\/p>\n

The following <\/span>is recognized<\/span> as a dominant position in the commodity or financial market:<\/span><\/p>\n

if<\/span> a business entity or group of persons has no competitors;<\/span><\/p>\n

if<\/span> the market share of an economic entity or group of persons is 40 percent or more;<\/span><\/p>\n

if<\/span> an economic entity or group of persons is recognized as a subject of a natural monopoly;<\/span><\/p>\n

if<\/span> an economic entity or group of persons is granted an exclusive and (or) exclusive right to produce or sell or purchase certain goods in the manner prescribed by law.<\/span><\/p>\n

The position of an economic entity or group of persons in the commodity or financial market (with the exception of natural monopoly entities, economic entities whose prices for products are regulated by the state), whose revenue from the sale of goods for the last calendar year is less than thirty thousand times the base calculated value, is not recognized as a dominant position.<\/span> .<\/span><\/p>\n

The authorized state body, within three days from the date of recognition of a dominant position in the commodity or financial market, of an economic entity or group of persons, sends a notification about this to them, and if the prices for goods of this economic entity or group of persons are regulated by the state, also informs the body about this price regulation.<\/span><\/p>\n

The <\/span>procedure for determining and recognizing the dominant position of an economic entity or group of persons, operator of a digital platform in the commodity or financial market is established by the Cabinet of Ministers of the Republic of Uzbekistan<\/span>.<\/span><\/p>\n

Article 14. Superior Bargaining Power<\/span><\/p>\n

Superior bargaining power <\/span>is recognized<\/span> as the possibility of unilateral influence by an economic entity or group of persons that does not have a dominant position on determining the terms of the transaction, the territory and the selling price of goods.<\/span><\/p>\n

Article 15. Publication of prices (tariffs) applied to a monopoly type of product<\/span><\/p>\n

An economic entity and a group of persons, from the moment they <\/span>are recognized<\/span> as having a dominant position, are required to publish new prices (tariffs) that will be applied to the monopoly type of product at least fifteen days before changing the current prices (tariffs).<\/span><\/p>\n

CHAPTER 2. REGULATION OF THE ACTIVITIES OF NATURAL MONOPOLY ENTITIES<\/span><\/strong><\/p>\n

Article 16. Regulation of prices (tariffs) for goods of natural monopoly subjects<\/span><\/p>\n

Regulation of prices (tariffs) for goods of subjects of natural monopoly is carried out by a body authorized by the Cabinet of Ministers of the Republic of Uzbekistan<\/span>.<\/span><\/p>\n

To establish prices (tariffs) for goods of natural monopoly subjects, they submit draft prices (tariffs) for their own goods and calculations for them to the body authorized by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Draft prices (tariffs) for goods of natural monopoly subjects <\/span>are reviewed<\/span> within a month by the body authorized by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

The decision of the body authorized by the Cabinet of Ministers of the Republic of Uzbekistan on prices (tariffs) for goods of natural monopoly subjects is published by natural monopoly subjects in the media and on their official websites<\/span> no later than fifteen days before the entry into force of this decision.<\/span><\/p>\n

The authorized state body does not take part in regulating prices (tariffs) for goods of natural monopoly entities.<\/span><\/p>\n

Article 17. Rights and obligations of natural monopoly subjects<\/span><\/p>\n

Subjects of natural monopoly have the following rights:<\/span><\/p>\n

refuse<\/span> service to consumers who do not provide payment for goods sold in the manner prescribed by law;<\/span><\/p>\n

reduce<\/span> prices (tariffs) for goods sold under natural monopoly conditions simultaneously for all consumers, while informing the authorized government body.<\/span><\/p>\n

Subjects of natural monopoly are obliged to:<\/span><\/p>\n

create<\/span> equal conditions for consumers to purchase their goods, in case of insufficient capacity to serve all consumers, regulate the fair distribution of goods among consumers in accordance with decisions of the Cabinet of Ministers of the Republic of Uzbekistan;<\/span><\/p>\n

submit<\/span> a report on its activities to the authorized government body in the manner prescribed by law;<\/span><\/p>\n

provide<\/span> the body authorized by the Cabinet of Ministers of the Republic of Uzbekistan with reliable information to set prices (tariffs) for goods;<\/span><\/p>\n

keep<\/span> separate records of direct costs of production (sales) of goods carried out under conditions of a natural monopoly.<\/span><\/p>\n

Subjects of a natural monopoly may have other rights and bear other responsibilities in accordance with the law.<\/span><\/p>\n

CHAPTER 3. PROHIBITION OF ANTI-COMPETITIVE ACTIONS<\/span><\/strong><\/p>\n

Article 18. Prohibition of abuse of dominant position and superior bargaining power<\/span><\/p>\n

Recognized as abuse of a dominant position or superior bargaining power, the actions of an economic entity or group of persons with a dominant position or superior bargaining power, which ultimately lead to restriction of competition and (or) infringement of the rights and legitimate interests of consumers, other economic entities, including <\/span>including<\/span> the following actions:<\/span><\/p>\n

reducing<\/span> the volume of circulation of goods in order to create or maintain a shortage in the commodity or financial market, leading to higher prices and (or) damage to the rights and legitimate interests of consumers;<\/span><\/p>\n

allowing<\/span> infringement of the rights of consumers to purchase goods in the required volume and proper quality;<\/span><\/p>\n

establishment<\/span> of monopolistically high or monopolistically low prices for goods;<\/span><\/p>\n

imposing<\/span> conditions not related to the subject of the contract, including unreasonable demands for the transfer of financial resources, other property, property rights to another person;<\/span><\/p>\n

establishing<\/span> discriminatory conditions when selling or purchasing goods, including imposing conditions for using the goods;<\/span><\/p>\n

consent<\/span> to enter into an agreement only subject to the acquisition or sale by the counterparty of another product or the counterparty\u2019s abstention from purchasing goods from other business entities or selling goods to other business entities;<\/span><\/p>\n

unjustified<\/span> refusal to conclude a contract if there is a possibility of production or sale of the relevant product;<\/span><\/p>\n

creating<\/span> barriers to access to the commodity or financial market for other economic entities;<\/span><\/p>\n

charging a fee in excess of the established price for goods to which state price regulation is applied, or violating the procedure for state price regulation, as well as charging for services not provided or services that should be provided free of charge;<\/span><\/p>\n

prohibition<\/span> or restriction of the acquisition or sale of goods produced by other business entities (competitors).<\/span><\/p>\n

A digital platform operator recognized as having a dominant position <\/span>is prohibited<\/span> from taking actions that restrict competition by establishing requirements for the use of information, technologies and digital products.<\/span><\/p>\n

The procedure for identifying actions of a digital platform operator recognized as having a dominant position, leading to restriction of competition, <\/span>is determined<\/span> by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Article 19. Prohibition of anti-competitive agreements and coordinated actions<\/span><\/p>\n

An agreement between two or more parties on the commodity or financial market in writing, reflected in one or more documents, as well as orally, which leads or may lead to restriction of competition or damage to the rights and legitimate interests of consumers, is an anti-competitive agreement.<\/span><\/p>\n

Anti-competitive agreements and coordinated actions between competing business entities, including potential competitors, which lead to restriction of competition and (or) damage to the rights and legitimate interests of consumers and <\/span>are aimed at<\/span>:<\/span><\/p>\n

artificial<\/span> establishment or maintenance of prices (tariffs), discounts, surcharges, surcharges or markups, preventing the establishment of free market prices;<\/span><\/p>\n

coordination<\/span> of production volumes for the purpose of artificially changing the volume of supply, economically or technologically unjustified reduction and (or) cessation of production of goods, or coordination of restrictions on technology and investment;<\/span><\/p>\n

increasing, decreasing or maintaining prices in selection of the best offers, at tenders, auctions, exchange and other trades (hereinafter referred to as trades);<\/span><\/p>\n

division of the commodity or financial market according to the territorial principle, the volume of sales or purchases, the range of goods or according to the circle of sellers of goods or their buyers, customers, or establishing control over markets for the sale of products;<\/span><\/p>\n

restricting<\/span> access to a commodity or financial market or eliminating other economic entities from it as sellers of certain goods or their buyers, customers, or preventing economic entities from entering a certain market;<\/span><\/p>\n

concluding<\/span> contracts by imposing conditions not related to the subject of the contract, including unreasonable demands for the transfer of financial assets, other property, property rights, when concluding contracts with individual sellers or buyers.<\/span><\/p>\n

Anti-competitive agreements and coordinated actions of non-competing business entities, as well as business entities with an association of legal entities, republican executive authorities and other organizations are not allowed, if such agreements and actions ultimately lead or may lead to the consequences specified in part two of this article, including which:<\/span><\/p>\n

restrict<\/span> the seller or buyer in independently determining the territory or circle of buyers for the purpose of subsequent resale of the goods;<\/span><\/p>\n

set<\/span> price limits for the resale of goods;<\/span><\/p>\n

prohibit<\/span> the sale by business entities of goods produced by other business entities.<\/span><\/p>\n

External coordination of the economic activities of business entities by legal entities and individuals not related to them <\/span>is prohibited<\/span> if such coordination will lead to one of the consequences specified in parts two and three of this article.<\/span><\/p>\n

The prohibitions provided for in this article do not apply to agreements and actions if they <\/span>are aimed<\/span> at improving production, developing technical progress, stimulating innovation, increasing production volumes and sales of goods, or stimulating economic growth or increasing the competitiveness of goods in the global commodity or financial market.<\/span><\/p>\n

The <\/span>procedure for identifying anti-competitive agreements and coordinated actions is determined by the Cabinet of Ministers of the Republic of Uzbekistan<\/span>.<\/span><\/p>\n

Article 20. Exemption from liability for anti-competitive agreements and coordinated actions<\/span><\/p>\n

An individual, an economic entity, an association of legal entities that is a party to an anti-competitive agreement or a coordinated action, the first <\/span>to voluntarily apply<\/span> to the authorized state body with a statement about its commission, is accordingly released from administrative and financial liability.<\/span><\/p>\n

Article 21. Prohibition of unfair competition<\/span><\/p>\n

It <\/span>is prohibited<\/span> for business entities or other persons to engage in unfair competition in their interests in relation to competitors, including the following actions:<\/span><\/p>\n

discrediting a competitor, that is, the dissemination of false, inaccurate or distorted information about the quality and consumer properties of a product offered for sale, methods and conditions for the manufacture and use of this product, the expected results from its use, the suitability of the product for certain purposes, the conditions for offering the product for sale, including its price, which may have a negative impact on the activities of a competing business entity or damage its business reputation;<\/span><\/p>\n

incorrect comparison, that is, comparison of a competing business entity or its product using words or symbols that create the impression of the superiority of the product without indicating its characteristics or comparison parameters that have objective confirmation;<\/span><\/p>\n

misleading<\/span> consumers regarding the nature, method and place of production, consumer properties of the product, price and quality of the product, warranty obligations of the manufacturer (performer);<\/span><\/p>\n

obtaining, using, disclosing a trade secret or other secret protected by law, including scientific, technical, production or trade information, without the consent of its owner;<\/span><\/p>\n

taking<\/span> actions leading to blocking access to a commodity or financial market to a competing business entity or its elimination from the market.<\/span><\/p>\n

Article 22. Prohibition of the adoption of acts and the commission of actions (inaction) by republican executive authorities and other organizations, associations of legal entities that restrict competition<\/span><\/p>\n

Republican executive authorities and other organizations and associations of legal entities <\/span>are prohibited<\/span> from adopting acts and taking actions (inactions) that lead to restriction of competition in the product or financial market and infringement of the rights and legitimate interests of consumers, including:<\/span><\/p>\n

establish<\/span> a ban or introduce restrictions on the creation of new economic entities in any field of activity, the implementation of certain types of activities or the production of certain goods;<\/span><\/p>\n

limit<\/span> access to or eliminate economic entities from the commodity or financial market;<\/span><\/p>\n

give instructions to an economic entity on the priority conclusion of contracts, the priority sale of goods to a certain circle of buyers, the choice of sources and the advantage of directions for using financial resources;<\/span><\/p>\n

unreasonably<\/span> impede the activities of business entities, including by establishing requirements for goods or business entities that are not provided for by law;<\/span><\/p>\n

illegally restrict the free movement and sale of goods, establish prohibitions or restrictions on the rights of business entities, dispose of goods or other objects of civil rights and use them;<\/span><\/p>\n

give<\/span> instructions to business entities on the acquisition of goods or impose on business entities selling such goods, or establish restrictions in their choice on purchasers of goods;<\/span><\/p>\n

provide<\/span> business entities with priority access to information, leading to discrimination against their competitors in the product or financial market;<\/span><\/p>\n

unreasonably<\/span> provide certain business entities with benefits, preferences, privileges and exclusive rights that put them in a preferential position in relation to other business entities operating in the commodity or financial market;<\/span><\/p>\n

acquire<\/span> shares (shares) in the authorized capital (authorized capital) of business entities, except for cases provided for by law;<\/span><\/p>\n

interfere<\/span> with the economic activities of business entities, which may result in restriction of competition;<\/span><\/p>\n

combine<\/span> the functions of republican executive bodies and other organizations, associations of legal entities with the functions of economic entities, except for cases established by law;<\/span><\/p>\n

create<\/span> other discriminatory or privileged conditions for the activities of individual economic entities.<\/span><\/p>\n

In exceptional cases, in order to eliminate the consequences of natural disasters, catastrophes and prevent epidemics and during emergencies, republican executive authorities and other organizations may adopt acts and perform actions specified in part one of this article.<\/span><\/p>\n

Actions of republican executive bodies and other organizations, associations of legal entities that lead to artificially inflated, decreased, or maintained prices on the commodity or financial market <\/span>are not allowed<\/span>.<\/span><\/p>\n

CHAPTER 4. REQUIREMENTS AGAINST RESTRICTION OF COMPETITION FOR THE PROVISION OF STATE ASSISTANCE AND STATE PARTICIPATION IN BUSINESS ACTIVITIES<\/span><\/strong><\/p>\n

Article 23. Assessment of the impact of state aid on competition<\/span><\/p>\n

The state can provide economic entities with state assistance in the form of tax and customs benefits, subsidies, grants, state guarantees, preferential loans, exclusive rights, sale and lease of state property at preferential prices, provision of rights to use land resources and subsoil on preferential terms, and others preferences and advantages.<\/span><\/p>\n

It <\/span>is not allowed<\/span> to provide state assistance to individual economic entities on an individual basis, which has a negative impact on a healthy competitive environment.<\/span><\/p>\n

Draft regulations providing for the provision of state assistance <\/span>must be submitted<\/span> to the authorized state body to assess their impact on competition.<\/span><\/p>\n

The conclusion of the authorized government body based on the results of the assessment of the impact on competition is mandatory to <\/span>be considered<\/span> when adopting regulations providing for the provision of state assistance.<\/span><\/p>\n

The requirements specified in part two of this article do not apply to cases provided for by decisions of the President of the Republic of Uzbekistan.<\/span><\/p>\n

Article 24. Limitation of the impact of enterprises with state participation on competition<\/span><\/p>\n

State participation in entrepreneurial activity is carried out through the creation of enterprises with state participation, direct or indirect participation in the authorized capital (authorized capital) of business entities, as well as through participation as a state partner in a public-private partnership project.<\/span><\/p>\n

Not allowed:<\/span><\/p>\n

creation<\/span> of an enterprise with the participation of the state and its affiliates in areas with developed competition, when five or more private business entities operate in the commodity or financial market;<\/span><\/p>\n

creation by republican executive authorities and other organizations of enterprises with their participation in areas where they are granted the authority to license certain types of activities, issue permits, accept notifications through a special electronic system, as well as registration or accreditation;<\/span><\/p>\n

creation by an enterprise with the participation of the state, which is a single supplier or vested with this right or has a dominant position, of persons affiliated with it, whose activities depend on the use of goods (resources) or the network infrastructure of the founder, and who are engaged in activities that compete with private business entities, with the exception of cases of creation of data of affiliates as a result of their separation, ensuring equal operating conditions with competitors;<\/span><\/p>\n

engaging<\/span> enterprises with state participation in additional activities not related to their main activities in areas where competition is developed;<\/span><\/p>\n

participation<\/span> of enterprises with state participation or their acquisition of a share in the authorized capital (authorized capital) of economic entities in areas in which competition is developed.<\/span><\/p>\n

The requirements specified in paragraphs five and six of part two of this article do not apply to cases provided for by decisions of the President of the Republic of Uzbekistan and the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

The creation (reorganization) of enterprises with the participation of the state and their affiliates <\/span>is carried out<\/span> after obtaining the preliminary consent of the authorized state body.<\/span><\/p>\n

Obtaining the prior consent of the authorized government body is required when:<\/span><\/p>\n

creation<\/span> of enterprises with the participation of the state or their affiliates;<\/span><\/p>\n

reorganization<\/span> of enterprises with the participation of the state or their affiliates (in the form of mergers and acquisitions);<\/span><\/p>\n

acquisition<\/span> by republican executive bodies and other organizations, enterprises with state participation of shares (shares) in the authorized capital (authorized capital) of economic entities;<\/span><\/p>\n

changing<\/span> the type of activity of enterprises with state participation, as well as their affiliates.<\/span><\/p>\n

The requirements specified in part five of this article do not apply to the creation (reorganization) of enterprises with the participation of the state and their affiliates, changes in the type of their activities, as well as the acquisition of shares (stakes) in cases provided for by the laws of the Republic of Uzbekistan, decisions of the President of the Republic of Uzbekistan.<\/span><\/p>\n

If enterprises with state participation or their affiliates were created (reorganized) or changed the type of activity, and also acquired shares (stakes) in violation of the requirements of this article, then, by order of an authorized government body or in court, these enterprises with state participation or their affiliates persons are accordingly liquidated or their type of activity is changed to the previous one, or transactions for the acquisition of shares (shares) are declared invalid.<\/span><\/p>\n

Article 25. The procedure for obtaining preliminary consent for the creation (reorganization) of enterprises with the participation of the state and their affiliates, changing their type of activity, as well as their acquisition of shares (shares)<\/span><\/p>\n

To obtain preliminary consent to the creation (reorganization) of enterprises with the participation of the state or their affiliates and (or) a change in their type of activity, as well as the acquisition of shares (stakes) by them, respectively, the republican executive authorities and other organizations, enterprises with the participation of the state or their affiliates persons submit an application to the authorized state body.<\/span><\/p>\n

The authorized state body, within two months from the date of receipt of the application, makes a decision on the issue of creating (reorganizing) enterprises with the participation of the state or their affiliates, and (or) changing their type of activity, as well as their acquisition of shares (stakes).<\/span><\/p>\n

Enterprises with state participation, as well as their affiliates, <\/span>are allowed<\/span> to operate on the commodity or financial market for a period of three years if the authorized government body does not identify objective reasons for the absence of private business entities in this market.<\/span><\/p>\n

The authorized state body refuses to create (reorganize) enterprises with the participation of the state and (or) their affiliates, and (or) change their type of activity, as well as their acquisition of shares (stakes) in the cases provided for in part two of Article 24 of this Law.<\/span><\/p>\n

In case of presentation of evidence and (or) documents indicating that actions to create (reorganize) enterprises with the participation of the state or their affiliates and (or) change their type of activity, as well as their acquisition of shares (stakes) will not have a negative impact on the competitive environment in the product or financial market, the authorized state body may satisfy this application.<\/span><\/p>\n

The authorized state body may establish requirements aimed at ensuring competition when making decisions on giving preliminary consent to the creation (reorganization) of enterprises with the participation of the state or their affiliates, and (or) changing their type of activity, as well as their acquisition of shares (interests) .<\/span><\/p>\n

The decision of the authorized state body to give preliminary consent to the creation (reorganization) of enterprises with the participation of the state or their affiliates and (or) changing their type of activity, as well as their acquisition of shares (stakes) loses force if it is not executed within one year.<\/span><\/p>\n

When registering (re-registering) enterprises with the participation of the state and their affiliates, as well as changes made to the constituent documents, and their acquisition of shares, registering authorities are obliged, in accordance with the procedure established by law, to check the availability of the prior consent of the authorized state body and in the event of the applicant\u2019s failure to submit a decision of the authorized state body on giving preliminary consent to refuse registration, with the exception of business entities created in cases provided for by the laws of the Republic of Uzbekistan, decisions of the President of the Republic of Uzbekistan.<\/span><\/p>\n

CHAPTER 5. REGULATION OF ECONOMIC CONCENTRATION AND TRADING IN ORDER TO AVOID RESTRICTION OF COMPETITION<\/span><\/strong><\/p>\n

Article 26. State control over economic concentration<\/span><\/p>\n

State control over economic concentration is carried out by an authorized state body<\/span> by giving preliminary consent to economic concentration in the following cases:<\/span><\/p>\n

when<\/span> reorganizing a business entity through annexation or merger;<\/span><\/p>\n

upon receipt by a person or group of persons of the right to dispose of more than 25 percent of the voting shares of a joint stock company or to dispose of more than one-third of the shares in the authorized capital (authorized capital) of a limited liability company or additional liability company registered in the Republic of Uzbekistan.<\/span><\/p>\n

State control over economic concentration is carried out if the book value of assets or proceeds from the sale of goods for the last calendar year of one of the economic entities participating in the transactions provided for in part one of this article exceeds two hundred and fifty thousand times the base calculated value, or the total book value their assets or revenue from the sale of goods for the last calendar year exceeds five hundred thousand times the basic calculated value.<\/span><\/p>\n

The legislation on licensing, permitting and notification procedures does not apply to relations related to obtaining the preliminary consent of the authorized government body for economic concentration.<\/span><\/p>\n

The requirements of this article do not apply <\/span>to<\/span>:<\/span><\/p>\n

cases<\/span> when transactions involving the merger or acquisition of enterprises with the participation of the state or the acquisition of shares (stakes) in their authorized capital (authorized capital) are carried out by decision of the President of the Republic of Uzbekistan;<\/span><\/p>\n

founders<\/span> of an economic entity upon its creation;<\/span><\/p>\n

transactions<\/span> for the acquisition by an economic entity of its own shares (stakes) in the authorized capital (authorized capital);<\/span><\/p>\n

transformation<\/span> of a joint stock company (limited liability company or additional liability company) into another organizational and legal form while maintaining the size of its authorized capital (authorized capital);<\/span><\/p>\n

acquisition<\/span> of shares (shares) by investment intermediaries for the purpose of their further resale;<\/span><\/p>\n

transactions for the acquisition by an individual of shares (shares) in the authorized fund (authorized capital) of an economic entity, if at the time of filing the application such an individual did not dispose of more than 25 percent of shares (stakes) in the authorized fund (authorized capital) of any economic entity .<\/span><\/p>\n

Article 27. Obtaining preliminary consent for economic concentration<\/span><\/p>\n

When carrying out economic concentration that requires prior consent, a person or group of persons, before performing these actions (concluding transactions), submits to the authorized state body in the manner prescribed by law:<\/span><\/p>\n

application<\/span> for preliminary consent to economic concentration;<\/span><\/p>\n

for<\/span> a non-resident individual – a copy of the passport;<\/span><\/p>\n

for<\/span> a non-resident legal entity – a copy of the state registration document or a document replacing it;<\/span><\/p>\n

information about the types of activities, names of types of goods and their volumes produced and sold by the parties to the transaction during the two years preceding the day of filing the application, or during the period of activity, if it is less than two years;<\/span><\/p>\n

financial<\/span> and statistical reporting for the two previous calendar years;<\/span><\/p>\n

information<\/span> about the composition of a group of persons indicating the grounds on which such persons are included in this group of persons;<\/span><\/p>\n

information about individuals – the main beneficial owners who actually exercise control through direct or indirect ownership of more than 25 percent of shares (stakes) in the authorized fund (authorized capital) of these persons or group of persons.<\/span><\/p>\n

For consideration of an application for preliminary consent to economic concentration, a fee <\/span>is charged<\/span> in accordance with the procedure established by law.<\/span><\/p>\n

An application for prior consent to economic concentration <\/span>is considered<\/span> as follows:<\/span><\/p>\n

if the action (transaction) does not affect competition, the applicant is notified in writing of the decision made no later than thirty calendar days from the date of registration of the application and the documents attached to it;<\/span><\/p>\n

if<\/span> an action (transaction) may lead to a restriction of competition, the period for consideration of the application may be extended for a period of no more than two months to conduct additional study.<\/span><\/p>\n

Experts and specialists may be engaged to assess the impact of economic concentration on competition.<\/span><\/p>\n

Based on the results of consideration of the application for preliminary consent to economic concentration, the authorized state body makes one of the following decisions:<\/span><\/p>\n

on<\/span> giving preliminary consent to economic concentration;<\/span><\/p>\n

on<\/span> refusal to give preliminary consent to economic concentration.<\/span><\/p>\n

The authorized state body has the right to refuse the applicant to give preliminary consent if:<\/span><\/p>\n

Satisfaction of an application for preliminary consent to economic concentration may lead to the emergence or strengthening of a dominant position of the relevant economic entity or group of persons in the product or financial market and (or) restriction of competition;<\/span><\/p>\n

the<\/span> submitted documents revealed the presence of inaccurate or distorted information.<\/span><\/p>\n

The authorized state body satisfies the application for preliminary consent to economic concentration even if there is a possibility of the emergence or strengthening of the dominant position of an economic entity or group of persons in the product or financial market and restriction of competition in the event that legal entities and (or) individuals making a decision on economic concentration , will demonstrate that their actions (transactions) provide tangible benefits to consumers.<\/span><\/p>\n

The authorized state body has the right to give preliminary consent to economic concentration and make it dependent on the fulfillment of requirements aimed at ensuring competition. At the same time, these requirements, as well as the deadlines for their implementation, must be contained in the decision of the authorized state body to give preliminary consent to economic concentration.<\/span><\/p>\n

Legal entities and (or) individuals who have decided to take actions (conclude transactions) that may lead to the emergence or strengthening of the dominant position of the relevant business entity or group of persons in the product or financial market and (or) restriction of competition, at the request of an authorized government body are obliged to take measures to restore the necessary conditions of competition.<\/span><\/p>\n

Transactions on economic concentration, concluded without the prior consent of the authorized government body, leading to restriction of competition in the product or financial market, <\/span>may be declared<\/span> invalid by the court.<\/span><\/p>\n

The procedure for obtaining the preliminary consent of the authorized state body to carry out economic concentration <\/span>is determined<\/span> by the Cabinet of Ministers of the Republic of Uzbekistan.<\/span><\/p>\n

Article 28. Forced division or separation of economic entities<\/span><\/p>\n

In case of ineffectiveness of measures previously applied to an economic entity that occupies a dominant position in the commodity or financial market to eliminate violations of competition legislation, the authorized state body applies to the court with a claim for the forced division or <\/span>separation of the economic entity, which is carried out by creating on the basis of this economic entity two or more separate economic entities.<\/span><\/p>\n

Forced division or separation of an economic entity <\/span>can be carried out<\/span> under the combination of all the following conditions:<\/span><\/p>\n

the<\/span> possibility of organizational and territorial isolation of divided or allocated structural units;<\/span><\/p>\n

lack<\/span> of close technological interrelation between its structural divisions;<\/span><\/p>\n

the<\/span> ability of structural units, as a result of division or separation, to independently carry out activities in the commodity or financial market.<\/span><\/p>\n

Article 29. Requirements against restriction of competition at auctions<\/span><\/p>\n

Bidding <\/span>can be organized<\/span> by lowering or raising the starting price.<\/span><\/p>\n

At auctions, actions that lead or may lead to restriction of competition <\/span>are prohibited<\/span>, including:<\/span><\/p>\n

violation<\/span> of the procedure for conducting auctions established by law;<\/span><\/p>\n

coordination<\/span> of activities of bidders;<\/span><\/p>\n

creation<\/span> of preferential conditions for participation in tenders for a bidder or several bidders, including through access to information;<\/span><\/p>\n

inclusion<\/span> in the documents and rules of bidding, including in the text of the advertisement, requirements that lead or may lead to restriction of competition between participants;<\/span><\/p>\n

influencing<\/span> the bidding process and results;<\/span><\/p>\n

dissemination<\/span> of false, unfounded information that can lead to changes in demand and artificially inflated prices at auctions;<\/span><\/p>\n

implementation<\/span> by auction operators and (or) organizers and (or) customers and (or) bidders of anti-competitive agreements and coordinated actions;<\/span><\/p>\n

the use of a price algorithm at auctions conducted electronically, leading to artificial formation of prices, that is, software that allows monitoring, calculating, setting and controlling prices for goods based on predetermined parameters;<\/span><\/p>\n

a<\/span> significant increase in prices for goods (demand, supply or volume of work) at auctions than those formed in the presence of competition, as a result of repeated failure to comply with the terms of the auction;<\/span><\/p>\n

unreasonable<\/span> refusal by the customer or seller to enter into a contract based on the results of bidding.<\/span><\/p>\n

When conducting exchange trading, actions that lead or may lead to restriction of competition <\/span>are prohibited<\/span>, including:<\/span><\/p>\n

actions<\/span> affecting the process of exchange trading, including those that constitute manipulation, except for cases provided for by law;<\/span><\/p>\n

actions<\/span> that resulted in a sharp increase or fixation of current exchange prices as a result of coordinated actions of exchange trading participants;<\/span><\/p>\n

establishing<\/span> lots under an exchange contract that limit the possibility of equal participation of all buyers in the auction;<\/span><\/p>\n

introduction<\/span> of unreasonable terms for payment and delivery, as well as special conditions that differ significantly from the conditions established by sellers of similar products;<\/span><\/p>\n

indication<\/span> in exchange contracts of special conditions limiting the number of participants;<\/span><\/p>\n

failure<\/span> to post schedules for putting goods up for auction on the exchange\u2019s official website;<\/span><\/p>\n

failure<\/span> to list highly liquid and (or) monopoly products on the exchange within the time limits specified in the schedules, or to list them in smaller or inappropriate volumes;<\/span><\/p>\n

submission of an application by a certain exchange participant during exchange trading with an unusually large price difference in relation to the applications of other participants with the subsequent deletion of these applications before the end of trading or unjustified cancellation of a concluded transaction without paying a fine;<\/span><\/p>\n

failure<\/span> to comply with the established procedure for forming the starting price for products, the price of which is regulated by law;<\/span><\/p>\n

taking actions that lead to the fact that the price of a canceled transaction with the participation of a specific buyer under an exchange contract is lower than the minimum price of transactions made in two subsequent trades with the participation of the same buyer under this exchange contract;<\/span><\/p>\n

sales<\/span> under direct contracts without putting up for exchange trading volumes of highly liquid and (or) monopoly products that are subject to sale only by putting up for exchange trading;<\/span><\/p>\n

failure<\/span> to re-offer a portion of highly liquid and (or) monopoly products that were not sold at exchange auctions;<\/span><\/p>\n

display<\/span> of products under contracts that provide for unreasonable shipment by a specific mode of transport, with the possibility of shipment by an alternative mode of transport;<\/span><\/p>\n

unreasonable or on a regular basis termination without penalties of transactions and contracts concluded on the stock exchange, except for cases where it is proven that a party cannot fulfill its obligations due to force majeure circumstances, that is, extraordinary and unavoidable circumstances (force majeure);<\/span><\/p>\n

non-compliance<\/span> with the sequence of shipment of goods;<\/span><\/p>\n

failure<\/span> to indicate sufficient information about the quality indicators of goods (type, grade, class, brand, etc.) in exchange contracts or the inclusion of misleading information about their indicators;<\/span><\/p>\n

creation<\/span> of unequal conditions by trading organizers for participants in exchange trading;<\/span><\/p>\n

unjustified<\/span> cancellation of exchange trading results by trading organizers;<\/span><\/p>\n

concluding<\/span> transactions between the seller and the buyer on the same personal account;<\/span><\/p>\n

conclusion by one participant or in the interests of one participant of several transactions per day, the price of which differs significantly from the level prevailing in a competitive environment, for the purpose of misleading regarding the price of the goods.<\/span><\/p>\n

At selections of the best proposals, tenders, auctions and other trades, actions that limit or may lead to limitation of competition <\/span>are prohibited<\/span>, including:<\/span><\/p>\n

unjustified<\/span> refusal to accept documents from business entities or obstruction of the provision of documents for participation in auctions;<\/span><\/p>\n

unreasonable<\/span> exclusion or unreasonable limitation of the number of bidders;<\/span><\/p>\n

inclusion<\/span> in the lots of additional goods that are technologically and functionally unrelated to the subject of the auction;<\/span><\/p>\n

indication<\/span> of the specific manufacturer of the goods, except for cases of incompatibility of goods and other cases provided for by law;<\/span><\/p>\n

participation<\/span> with proposals at auctions in order to create conditions for another participant to become the winner;<\/span><\/p>\n

presenting<\/span> unreasonable demands on bidders, including their qualifications, which lead or may lead to restriction of competition;<\/span><\/p>\n

raising<\/span> or lowering prices for the subject of bidding by making proposals, with the withdrawal of these proposals before the end of the bidding;<\/span><\/p>\n

participation<\/span> in the same lot at the auction only by affiliated persons or persons mutually interested;<\/span><\/p>\n

participation<\/span> in the auction of persons mutually interested or affiliated with operators and (or) customers and (or) organizers and (or) members of the auction commission.<\/span><\/p>\n

When conducting bidding, cases of mutual interest <\/span>are recognized<\/span> that lead to a conflict of interest that is contrary to competition, including the following cases:<\/span><\/p>\n

submission<\/span> of bids by two or more unaffiliated or otherwise unrelated bidders by the same legal representative;<\/span><\/p>\n

the<\/span> existence of an agreement between bidders to receive from each other directly or indirectly subsidies and other financial assistance or to receive such assistance;<\/span><\/p>\n

the<\/span> presence of close family ties between the founders of the bidding participants participating in the same lot, or a representative of the customer or organizer or operator, or a member of the bidding commission and the representative or founder of the participant in the said bidding;<\/span><\/p>\n

the<\/span> ability of a person (participant, customer, organizer, operator, member of the bidding commission) to receive information about proposals or influence proposals and (or) decision-making through a third party who has a mutual relationship with another person (participant, customer, organizer, operator) , member of the bidding commission)<\/span><\/p>\n

Violation of the requirements against restrictions on competition established in parts <\/span>two ,<\/span> three and four of this article is grounds for invalidating decisions made and contracts concluded based on the results of tenders.<\/span><\/p>\n

CHAPTER 6. AUTHORIZED STATE BODY<\/span><\/strong><\/p>\n

Article 30. Powers of the authorized state body<\/span><\/p>\n

Authorized state body:<\/span><\/p>\n

1) <\/span>within<\/span> the limits of its powers, develops and adopts regulations aimed at protecting and developing competition;<\/span><\/p>\n

2) <\/span>determines<\/span> the state of competition and economic concentration in the product or financial market, the presence of a dominant position, including subjects of a natural monopoly, as well as superior bargaining power;<\/span><\/p>\n

3) conducts an inspection of compliance by business entities, associations of legal entities with the requirements of competition legislation with notification of the special authorized body for coordinating the activities of regulatory authorities in the manner established by law;<\/span><\/p>\n

4) identifies violations of competition law, initiates and considers cases on them, makes decisions based on their results on restoring competition, eliminating violations of competition law, including the voluntary return of income (profit) unjustifiably received by business entities;<\/span><\/p>\n

5) issues mandatory instructions and submissions subject to consideration to republican executive authorities and other organizations, business entities, associations of legal entities and individuals, as well as their officials on restoring competition, eliminating violations of competition law and their consequences;<\/span><\/p>\n

6) holds business entities, republican executive authorities and other organizations, associations of legal entities, their officials and other individuals to appropriate liability for violation of competition laws;<\/span><\/p>\n

7) <\/span>sends<\/span> materials to the relevant authorities to resolve the issue of initiating a criminal case based on crimes related to violation of competition law;<\/span><\/p>\n

8) <\/span>participates<\/span> in court consideration of <\/span>cases<\/span> related to the application and violation of competition legislation;<\/span><\/p>\n

9) <\/span>sends<\/span> applications to the court to terminate, prevent and eliminate violations of competition law, including:<\/span><\/p>\n

on invalidating acts and illegal actions of republican executive authorities and other organizations, associations of legal entities that do not fully or partially comply with competition legislation;<\/span><\/p>\n

on<\/span> amendments to transactions (agreements) that do not comply with competition law, on declaring them fully or partially invalid;<\/span><\/p>\n

on<\/span> the recovery of income (profit) received as a result of violation of competition laws, as well as on the imposition and collection of a fine;<\/span><\/p>\n

on<\/span> invalidating the results of auctions and transactions (agreements) concluded as a result of these auctions, on the grounds provided for in Article 29 of this Law;<\/span><\/p>\n

on<\/span> the forced separation or separation of business entities;<\/span><\/p>\n

on<\/span> the application of legal measures against persons who have violated competition law;<\/span><\/p>\n

10) <\/span>exercises<\/span> control over the application of prices (tariffs) for goods subject to state price regulation;<\/span><\/p>\n

11) during periods of sharp fluctuations in prices for main types of food, as well as highly liquid and (or) monopoly types of goods, gives the republican executive authorities and other organizations, economic entities, associations of legal entities mandatory instructions and <\/span>submissions subject to consideration for the sale of excess volumes of food goods identified during inventory of warehouses, and (or) reduction of unreasonably inflated prices as a result of actions taken by them that limit competition;<\/span><\/p>\n

12) <\/span>issues<\/span> warnings to republican executive authorities and other organizations, business entities, associations of legal entities and individuals to prevent actions (inactions) leading to violations of competition law;<\/span><\/p>\n

13) makes proposals to reduce the number of types of activities that require obtaining a license and types of activities (actions) that require obtaining permits by minimizing the list of necessary documents, optimizing the timing and cost of administrative procedures by analyzing their impact on competitiveness environment;<\/span><\/p>\n

14) <\/span>gives<\/span> an opinion on the results of assessing the impact of regulatory legal acts and their projects on competition;<\/span><\/p>\n

15) <\/span>exercises<\/span> state control over the effectiveness of state assistance provided in the form of benefits, preferences and exclusive rights for carrying out activities, and in the event of their negative impact on the competitive environment, makes proposals for their abolition.<\/span><\/p>\n

16) <\/span>carries<\/span> out international cooperation with international organizations and antimonopoly authorities of other states, and also participates in the development and implementation of international treaties, in the work of intergovernmental or interdepartmental commissions coordinating international cooperation on the implementation of international programs and projects of the Republic of Uzbekistan on issues of competition protection.<\/span><\/p>\n

The authorized state body may exercise other powers in accordance with the law.<\/span><\/p>\n

A<\/span>rticle 31. Interaction of the authorized state body with other state bodies<\/span><\/p>\n

The interaction of the authorized government body with other government bodies <\/span>is carried out<\/span> by concluding memorandums of understanding aimed at developing competition development programs, establishing measures to suppress actions that limit competition, and exchanging information in the field of competition.<\/span><\/p>\n

In accordance with international treaties of the Republic of Uzbekistan, the authorized state body sends notifications and requests for information to the antimonopoly authorities of other states, conducts mutual consultations with them, and exchanges information.<\/span><\/p>\n

Article 32. The right of the authorized state body to receive information<\/span><\/p>\n

To monitor compliance with competition legislation, consider applications and cases of violation of competition legislation, as well as to determine the state of competition, officials of the authorized state body in the manner established by law have the right to receive from the republican executive authorities and other organizations, economic entities , associations of legal entities and individuals, documents and information and access to their territory.<\/span> In this case, the requested document, information and information <\/span>are presented<\/span> to the authorized state body free of charge.<\/span><\/p>\n

The authorized state body has the right to receive information in real time by integrating electronic databases of business entities and associations of legal entities authorized to conduct tenders.<\/span><\/p>\n

The authorized state body does not have the right to disclose information constituting a commercial or other secret protected by law, and personal data that <\/span>has become known<\/span> in connection with the exercise of powers granted to it in accordance with this Law.<\/span><\/p>\n

CHAPTER 7. VIOLATION OF COMPETITION LAWS<\/span><\/strong><\/p>\n

Article 33. Consequences of violation of competition law<\/span><\/p>\n

In case of violation of competition legislation, republican executive authorities and other organizations, economic entities, associations of legal entities, and their officials and other individuals are obliged to:<\/span><\/p>\n

within<\/span> the prescribed period, comply with the order or consider the proposal of the authorized state body to eliminate violations of competition law;<\/span><\/p>\n

compensate<\/span> for the damage caused;<\/span><\/p>\n

return<\/span> unjustified income;<\/span><\/p>\n

pay<\/span> a fine.<\/span><\/p>\n

Persons whose rights and legitimate interests are violated <\/span>as a result<\/span> of violation of competition law have the right to file a claim in court.<\/span><\/p>\n

Article 34. Compensation for damage caused<\/span><\/p>\n

Damage caused to an economic entity or other person <\/span>as a result<\/span> of the adoption by republican executive bodies and other organizations and their officials of an act that violates competition legislation is compensated in the manner established by law.<\/span><\/p>\n

If the actions (inaction) of republican executive authorities and other organizations, their officials, violating competition legislation, cause damage to an economic entity or other person, then it <\/span>is compensated<\/span> in the manner established by law.<\/span><\/p>\n

CHAPTER 8. INITIATION AND CONSIDERATION OF CASES OF VIOLATION OF COMPETITION LAW, AS WELL AS EXECUTION AND APPEAL OF DECISIONS AND ORDERS OF THE AUTHORIZED STATE BODY<\/span><\/strong><\/p>\n

Article 35. Initiation and consideration of cases of violation of competition law<\/span><\/p>\n

The <\/span>initiation and consideration of cases of violation of competition law are carried out by the authorized state body<\/span>.<\/span><\/p>\n

The basis for initiating and considering cases of violation of competition law are the results of inspections and studies conducted by the authorized state body, appeals from individuals and legal entities, republican executive authorities, local government authorities, and representations from relevant authorities.<\/span><\/p>\n

Cases of administrative offenses in the field of competition committed by officials of republican executive authorities and other organizations, business entities and associations of legal entities and individuals <\/span>are considered<\/span> by the relevant courts in accordance with the Code of the Republic of Uzbekistan on Administrative Responsibility.<\/span><\/p>\n

Article 36. Persons participating in a case of violation of competition law<\/span><\/p>\n

The persons involved in a case of violation of competition law are:<\/span><\/p>\n

authorized<\/span> state body;<\/span><\/p>\n

a<\/span> person against whom proceedings are being conducted for violation of competition law;<\/span><\/p>\n

interested<\/span> parties whose rights and legitimate interests are affected in connection with the consideration of a case of violation of competition law.<\/span><\/p>\n

Witnesses, experts, specialists, translators, representatives of the media and other assisting persons may also participate in a case of violation of competition law.<\/span><\/p>\n

Persons participating in a case of violation of competition law, from the date of the decision to initiate the case, have the right to give oral and written explanations, provide evidence, file petitions, and also exercise other rights provided for by law.<\/span><\/p>\n

Article 37. Procedure for considering cases of violation of competition law<\/span><\/p>\n

The consideration of a case regarding violation of competition law <\/span>may be postponed or suspended<\/span>. The authorized state body issues an appropriate ruling on the postponement, suspension and resumption of consideration of the case, a copy of which <\/span>is sent<\/span> to the persons participating in the case.<\/span><\/p>\n

The <\/span>procedure for initiating and considering cases of violation of competition legislation is determined by the Cabinet of Ministers of the Republic of Uzbekistan<\/span>.<\/span><\/p>\n

Article 38. Decision of the authorized state body on a case of violation of competition law<\/span><\/p>\n

Based on the results of consideration of the case of violation of competition law on the merits, the authorized state body makes a decision:<\/span><\/p>\n

on<\/span> establishing the fact of violation of competition law and taking appropriate legal measures;<\/span><\/p>\n

to<\/span> terminate the proceedings.<\/span><\/p>\n

The authorized state body terminates proceedings on a case of violation of competition law <\/span>in the event of<\/span>:<\/span><\/p>\n

non-confirmation<\/span> of violations of competition law;<\/span><\/p>\n

liquidation<\/span> of a legal entity or death of an individual against whom proceedings are being conducted;<\/span><\/p>\n

voluntary<\/span> elimination of violations of competition legislation by republican executive authorities and other organizations, economic entities, associations of legal entities against which the case has been initiated;<\/span><\/p>\n

the<\/span> court makes a decision on a case of violation of competition law being considered by an authorized state body.<\/span><\/p>\n

The decision of the authorized government body in a case of violation of competition law <\/span>must be announced<\/span> immediately.<\/span><\/p>\n

Based on the decision of the authorized state body in a case of violation of competition law, an order <\/span>is issued<\/span> to the person in respect of whom the decision was made.<\/span><\/p>\n

Article 39. Execution of orders from an authorized state body<\/span><\/p>\n

The order of the authorized state body is subject to execution within the <\/span>time period<\/span> established therein. Failure to comply with the order on time entails liability provided by law.<\/span><\/p>\n

Failure to comply with an order of an authorized state body means evasion of execution of an order or partial execution or untimely execution of an order.<\/span><\/p>\n

Persons who <\/span>have been given<\/span> an order by an authorized state body may file a petition to extend the period for execution of the order. If the circumstances specified in the petition <\/span>are recognized<\/span> as valid, the authorized state body has the right to extend the period for execution of the order by no more than three months.<\/span><\/p>\n

The authorized state body exercises control over the implementation of its instructions.<\/span><\/p>\n

Article 40. Appeal against a decision (instruction) of an authorized state body<\/span><\/p>\n

Persons participating in a case of violation of competition law have the right to appeal a decision (instruction) of an authorized state body directly to a court or to a higher authority or official in the order of subordination.<\/span><\/p>\n

Appealing decisions (instructions) of an authorized state body to a higher authority or official in the order of subordination does not exclude the right to appeal to a court.<\/span><\/p>\n

Appealing decisions (instructions) of an authorized state body to a court or to a higher body or official in the order of subordination suspends their execution, respectively, until the court decision enters into legal force, the decision of a higher body or official is adopted, with the exception of decisions (instructions) related to the prevention of emergency situations. <\/span>situations<\/span>, epidemics and other real dangers to the life and health of the population.<\/span><\/p>\n

Article 41. Public control over compliance with competition legislation<\/span><\/p>\n

Public associations, in accordance with their charters, with the goal of promoting the development of competition and protecting the rights and legitimate interests of consumers from anti-competitive actions, have the right to exercise public control over compliance with competition law.<\/span><\/p>\n

CHAPTER 9. FINAL PROVISIONS<\/span><\/strong><\/p>\n

Article 42. Financial sanctions for violation of competition laws<\/span><\/p>\n

For violations of competition laws, financial sanctions <\/span>are applied<\/span> in the form of monetary penalties (fines), and such violations of the law entail the imposition of fines in the following amounts:<\/span><\/p>\n

1) for concluding anti-competitive agreements, carrying out coordinated actions, carrying out external coordination of economic activities of business entities by legal entities or individuals not associated with these business entities, which lead to restriction of competition in the product or financial market, during the period of violation of competition laws in the product or financial market, but no more than for the last three years:<\/span><\/p>\n

for<\/span> business entities – in the amount of 5 percent of the amount of proceeds from the sale of goods received by each business entity that violated competition law;<\/span><\/p>\n

for<\/span> associations of legal entities – in the amount of 5 percent of the amount of membership fees received;<\/span><\/p>\n

2) for abuse of a dominant position and superior bargaining power in the commodity or financial market, unjustified increase in prices for socially and strategically important products for business entities – in the amount of 5 percent of the amount of proceeds from the sale of goods in the commodity or financial market during the period of violation of competition law , but no more than for the last three years;<\/span><\/p>\n

3) for concluding (performing) transactions (actions) on mergers, incorporation of business entities and the acquisition of shares (stakes) in the authorized capital (authorized capital) of business entities without obtaining the prior consent of the authorized state body in cases where such consent is required for business entities – in a thousand times the base calculated value;<\/span><\/p>\n

4) for committing unfair competition against business entities – in the amount of 2 percent of the amount of proceeds from the sale of goods on a product or financial market in which competition law was violated, during the period of violation of competition law on a product or financial market, but no more than last three years;<\/span><\/p>\n

5) for violation of competition legislation requirements regarding bidding for bidding participants who are business entities, corporate customers in the framework of public procurement, electronic bidding operators, organizers – in the amount of 3 percent of the original price of the bidding item;<\/span><\/p>\n

6) <\/span>for<\/span> the creation (reorganization, change in activity) of enterprises with the participation of the state and their affiliates without obtaining the prior consent of the authorized state body for the economic entity that initiated their creation (reorganization, change in activity) – in a hundredfold amount of the base calculated amount;<\/span><\/p>\n

7) for failure to provide or untimely provision of information, provision of unreliable or false information to the authorized state body for business entities – in the amount of fifty times the basic calculated amount.<\/span><\/p>\n

Financial sanctions in the form of a <\/span>fine,<\/span> provided for in part one of this article, are applied in court, with the exception of cases where the offender admits guilt in the offense committed and pays the fine voluntarily.<\/span><\/p>\n

Payment of a fine does not relieve a person who has committed a violation of competition law from the obligation to comply with a decision (representation, order) of an authorized government body or to perform other actions provided for by competition law.<\/span><\/p>\n

Article 43. Dispute resolution<\/span><\/p>\n

Disputes in the field of competition are resolved in accordance with the procedure established by law.<\/span><\/p>\n

Article 44. Liability for violation of competition law<\/span><\/p>\n

Persons guilty of violating competition laws <\/span>are held<\/span> accountable in accordance with the established procedure.<\/span><\/p>\n

Article 45<\/span>. Ensuring execution, communication, clarification of the essence and meaning of this Law<\/span><\/p>\n

The Committee for the Development of Competition and Protection of Consumer Rights of the Republic of Uzbekistan and other interested organizations must ensure the implementation, communication to the performers and explanation among the population of the essence and significance of this Law.<\/span><\/p>\n

Ar<\/span>ticle 46<\/span>. Bringing legislation into compliance with this Law<\/span><\/p>\n

To the Cabinet of Ministers of the Republic of Uzbekistan:<\/span><\/p>\n

bring<\/span> government decisions into compliance with this Law;<\/span><\/p>\n

ensure<\/span> the review and repeal by the republican executive authorities of their regulatory legal acts that contradict this Law.<\/span><\/p>\n

Article 47<\/span>. Entry into force of this Law<\/span><\/p>\n

This Law comes into force after three months from the date of its official publication.<\/span><\/p>\n

President of the Republic of Uzbekistan Sh. MIRZIYOEV<\/span><\/p>\n

The document presented in an unofficial translation from the database of the law firm \u201cS VERENIN\u2019S LEGAL GROUP\u201d.<\/em><\/span><\/p>\n

The document presented from the database of the law firm \u201cS VERENIN\u2019S LEGAL GROUP\u201d.<\/em><\/span><\/p>\n

The document presented as of _______2024<\/em><\/span>\u0433<\/em><\/span>.<\/em><\/span><\/p>\n

.<\/span><\/span><\/p>\n

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.<\/span><\/span><\/p>","protected":false},"excerpt":{"rendered":"

LAW OF THE REPUBLIC OF UZBEKISTAN 3. JULY 3, 2023y. \u2116. LRU-850 . ON COMPETITION ADOPTED BY THE LEGISLATIVE CHAMBER ON FEBRUARY 14, 2023 APPROVED BY THE SENATE ON MARCH…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[15,61],"tags":[],"class_list":["post-11878","post","type-post","status-publish","format-standard","hentry","category-zakonodatelstvo","category-predprinimatelskoe-pravo"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/posts\/11878","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/comments?post=11878"}],"version-history":[{"count":7,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/posts\/11878\/revisions"}],"predecessor-version":[{"id":12419,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/posts\/11878\/revisions\/12419"}],"wp:attachment":[{"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/media?parent=11878"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/categories?post=11878"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/tags?post=11878"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}