State support shall be deemed any support directly or indirectly provided by a body providing state support to an economic entity or a certain group of economic entities, or for certain goods or to a certain field (including subsidy or grant, aid, credit, loan, property, privileges, other financial means or other conditions), due to which such advantages are created for economic entities which the economic entities otherwise would not have in the conditions of economic competition in case of absence of the support granted.
(For detailed information see Part 1 of Article 25 of RA law “On Protection of Economic Competition”).
The Commission exercises supervision over the state support to reveal or foresee the possibility of restricting the economic competition in the relevant goods market, or to clarify the issue of causing possible harm to the consumer interests due to state support.
Bodies providing state support are:
- state bodies;
- bodies, which are authorised to provide state support at the expense of public finances or public resources.
(For detailed information see Points 16 and 32 of Part 1 of Article 3 of RA law “On Protection of Economic Competition”).
State support shall be prohibited if:
- it directly or indirectly leads or may lead to prevention, restriction or blocking of competition in a goods market;
- it harms or may harm consumer interest.
(For detailed information see Part 2 of Article 25 of RA law “On Protection of Economic Competition”).
The Commission shall assess the feasibility of state support:
- on its own initiative; or
- the body initiating the provision of state support, shall be entitled to apply to the Commission for authorisation prior to the provision of state support; or
- the economic entity applying for state support shall be entitled to apply to the Commission for authorisation prior to applying for it.
The application for provision of state support shall be submitted via electronic platform of the Commission.
The application for provision of state support shall also be submitted:
- via the Commission’s e-mail (info@competition.am);
- via Unified portal for online requests;
- in a hard copy.
It is necessary to fill in the form of the application submitted below, sign it, attach the necessary materials and submit it to the Commission.
The form of application for provision of state support.
The time limit for the proceedings to assess the feasibility of the state support shall be three months. Upon a reasoned decision of the Commission, the time limit for the proceedings shall once be extended to up to three months.
As a result of proceedings to assess the feasibility of the state support Commission shall adopt a decision on permitting or prohibiting the provision of state support.
Within 5 working days after providing the state support, the bodies providing state support shall submit information on the state support provided thereby to the Commission.
The procedure, form and time limits for providing information to the Commission by the bodies having provided state support shall be established by the Government.
The Commission shall maintain a uniform register for state support, the form and procedure for the maintenance whereof shall be prescribed by the Commission.
(For detailed information see Part 6, Part 7 and Part 8 of Article 25 of RA law “On Protection of Economic Competition” , Decision of RA Government No.784-N dated May 21, 2020 and Decision of State Commission for the Protection of Economic Competition No.228-L dated June 2, 2020).
The economic entity having received the state support prohibited shall be obliged to return the individually determined property received as a state support in the manner and within the time limits prescribed by the decision of the Commission.
The state support received in another way shall be subject to termination in the manner and within the time limits prescribed by the decision of the Commission.
- The amount of the fine imposed for the providing of prohibited state support by an competent official of the body providing state support shall constitute for the amount of 500 to 1000 times the minimum wage.
- The Commission shall be competent to give warning to state bodies and officials thereof․
- Who can submit?
Natural or legal persons can submit the report on the offence in the field of economic competition 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 time limit for the administrative proceedings on the offence in the field of economic competition shall be three months. Upon a reasoned decision of the Commission, the time limit for the proceedings shall once be extended to up to three months.
- The form of submission of the report
The report is submitted via electronic platform of the Commission․
The repost shall also be submitted:
- via the Commission’s e-mail (info@competition.am);
- via Unified portal for online requests;
- in a hard copy.
It is necessary to fill in the form of the report submitted below, sign it, attach the necessary materials և submit it to the Commission.
