Monitoring the supervision of the uniform competition rules

Supervision of compliance with unified rules of competition

The powers of the Parties to supervise compliance with the unified rules of competition shall be assigned to the EEC according to the decision of the Interstate Council of the Eurasian Economic Community (the Supreme Body of the Customs Union), where the fact of compliance with the requirements, laid down in the Agreement, as to assignment of the relevant powers shall be recorded and upon condition of the agreement of the Parties on protection of confidential information and liability for disclosure thereof when the EEC of the Union exercises its powers is effective. 

The powers to supervise compliance with the unified rules of competition by businesses (market participants) shall be assigned to the EEC by the Parties on a stepwise basis.
The powers of the EEC to supervise compliance with the unified rules of competition by businesses (market participants) of the Parties in terms of compliance with the prohibition on unfair competition, which has or may have an adverse effect on competition in the cross-border markets within the territory of two or more Parties, shall be assigned within 20 months from the effective date of the Agreement, provided the requirements of the Agreement are met.

In turn, the powers to supervise compliance with the unified rules of competition by businesses (market participants) of the Parties in terms of compliance with the prohibition on unfair competition regarding exclusive rights for the results of intellectual activity shall be assigned to the EEC only upon development and adoption of the agreement on unified rules of regulation of intellectual property protection by the Parties.

The Parties shall assign the powers to supervise compliance with the unified rules of competition by businesses (market participants) of the Parties in terms of compliance with the prohibition on unfair competition agreements, which have or may have an adverse effect on competition in the cross-border markets within the territory of two or more Parties, shall be assigned to the EEC within 20 months from the effective date of the Agreement, provided the requirements of the Agreement are met.

The Parties shall assign the powers to supervise compliance with the unified rules of competition by businesses (market participants) of the Parties in terms of compliance with the prohibition on abuse of the dominant position, which has or may have an adverse effect on competition in the cross-border markets within the territory of two or more Parties, shall be assigned to the EEC two years from the effective date of the Agreement, provided the requirements of the Agreement are met.

The Parties shall assign the powers to supervise compliance with the unified rules of competition by businesses (market participants) of the Parties in terms of compliance with the prohibition on abuse of the dominant position, which has or may have an adverse effect on competition in the cross-border markets within the territory of two or more Parties, shall be assigned to the EEC two years from the effective date of the Agreement, provided the requirements of the Agreement are met.

Before assignment of the powers to examine matters of violation of competition rules provided by the Agreement to the EEC, the compliance with the unified rules of competition by businesses (market participants) of the Parties shall be supervised by competent authorities of the Parties according to the national legislation of each Party.

Before assignment of the powers to supervise compliance with the unified rules of competition by businesses (market participants) of the Parties to the Commission of the Customs Union, as provided by the Agreement, the violation of which has or may have an adverse effect on competition in the cross-border markets within the territory of two or more Parties, the EEC shall supervise measures taken by competent authorities of the Parties to ensure compliance with the unified rules of competition.