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Anti-competitive Agreements

Anti-competitive agreements shall be deemed to be transactions concluded between economic entities, coordinated actions or conduct, adopted decisions, which lead or may lead to prevention, restriction, or blocking of competition.

(For detailed information see Part 1 of Article 5 of RA law “On Protection of Economic Competition”).

Anti-competitive agreements may pertain to the distribution of the goods market; the distribution of the supply sources; restricting entry of other economic entities into the market or restricting exit of other economic entity from the market; unjustified increase, decrease of the prices of goods, other cases provided for by law.

Concluding (reaching) anti-competitive agreements is prohibited.

(For detailed information see Part 2, Part 3, Part 4, Part 5 and Part 6 of Article 5 of RA law “On Protection of Economic Competition”).

Anti-competitive agreements shall be concluded:

  • between economic entities operating in the same goods market who are potential or actual competitors (horizontal agreement);
  • between economic entities acquiring and selling in the same goods market who are not competitors (vertical agreement);
  • between economic entities having certain interrelation or operating in different goods markets, which lead or may lead to prevention, restriction, or blocking of competition, as well as other agreements (other agreement).

(For detailed information see Part 2 of Article 5 of RA law “On Protection of Economic Competition”).

  • Administrative proceedings related to anti-competitive agreements shall be six months.
  • Within a period of two weeks after receiving the decision on initiating proceedings on the offence in the field of economic competition, the respondent in the proceedings may — in case of admitting the fact of commission of the offence attributed thereto and having eliminated the consequences of the offence – file with the Commission a motion on administering expedited proceedings. The Commission shall grant or reject the motion on administering expedited proceedings within 10 days after receiving the motion. The Commission shall render a decision as a result of the proceedings within a period of one month from the day of adopting the decision on administering expedited proceedings.
  • The Commission may adopt a decision on not imposing a sanction on an economic entity party to an anti-competitive agreement if the economic entity is the first to apply to the Commission on its own initiative, and if the economic entity voluntarily undertakes the obligation to terminate its participation in the anti-competitive agreement and exclude said participation in the future, submitting, at the same time, such evidence regarding the anti-competitive agreement in question which, in the opinion of the Commission, is a sufficient ground for initiating administrative proceedings and/or conducting an inspection with regard to the anti-competitive agreement in question.
  • An economic entity shall be fully exempted from the liability provided for concluding an anti-competitive agreement if it submits to the Commission the evidence, prescribed by the law, at its disposal or known to it.
  • An economic entity revealing its participation in an anti-competitive agreement may, in the event the requirements of exemption from a sanction are not met, submit an application for deduction of the amount of the fine if it submits to the Commission the evidence with regard to the possible offence, which will have material significance for proving the commission of offence.

(For detailed information see Article 96, Part 3 and Part 4 of Article 97 of RA law “On Protection of Economic Competition”).

The amount of a fine imposed for concluding an anti-competitive agreement shall constitute up to 10 percent of the revenue of the economic entity party to the anti-competitive agreement.

The amount of a fine imposed for concluding an anti-competitive agreement shall constitute up to 5 percent of the revenue of the economic entity for the year preceding the offence in question in case of administering expedited proceedings.

In case 75 percent of the fine imposed by the decision of the Commission is paid within a period of two months after the entry into force of the decision, the obligation to pay the fine shall be considered as duly performed.

(For detailed information see Article 88, Part 1 and Part 13 of Article 93, Part 1 of Article 100 of RA law “On Protection of Economic Competition”).

  • Who can submit?

Natural or legal persons can submit the report on the anti-competitive agreement in writing.

  • What is the time limit to consider the report?

The report shall be considered in the Commission within a period of one month. As a result of consideration of report the Commission shall adopt a decision on initiating proceedings on the offence in the field of economic competition or refusing to initiate proceedings on the offence in the field of economic competition.

  •  The form of submission of the report

The report shall be submitted via electronic platform of the Commission.

The repost shall also be submitted:

It is necessary to fill in the form of the report submitted below, sign it, attach the necessary materials and submit it to the Commission.

 

The form of report for phisical persons (in Armenian)

The form of report for legal persons (in Armenian)