LAW OF THE REPUBLIC OF TAJIKISTAN

of October 21, 2026 No. 2301

About protection of the competition

Accepted by the Resolution MH MOPT of June 26, 2026, No. 542

Approved by the Resolution MM MORT of October 17, 2026, No. 256

This Law determines the organizational and legal basis of protection of the competition and is directed to creation and providing favorable conditions for development of the competition, effective functioning of the goods and financial markets (the market of works, services), providing common economic space and free economic activity.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) coordinated actions – the coordinated form of anti-competitive action in the market in case of which business entities act in parallel, formally or informally, without signing agreements, and for the purpose of receipt of mutual advantage and restriction of the competition, approve the prices, market sharing or creation of obstacles for competitors;

2) the goods market – the sphere of the address of goods or interchangeable goods determined by economic, territorial and technological capability of the buyer to acquire the corresponding goods;

3) the controlled markets – the goods markets (the markets of works, services) in which state regulation of the prices according to the antitrust law of the Republic of Tajikistan is entered;

4) group of persons – set of physical persons and legal entities which corresponds to one or several corresponding signs and conditions provided by this Law and is considered as single business entity;

5) the state and local preferences – provision by state bodies, local executive bodies of the government, self-government institutions of settlements and villages, and also the authorized organizations performing functions of the specified bodies, individual privileges and (or) benefits to one or several business entities creating for them more advantageous conditions of implementation of activities in the goods market (the market of works, services);

6) monopoly – the market situation which is characterized by exclusive or almost special talent of one person, group of persons or the state to influence market conditions in the field of deliveries of goods or services;

7) the consumer – the physical person or legal entity acquiring goods (works, services);

8) the market power – capability of one business entity and (or) group of persons to operate irrespective of competitors, clients and consumers on the market;

9) dominant position – the exclusive provision of one or several business entities (group of persons) on goods the market who do not have replacing, or interchangeable goods (further - certain goods), which is also giving them the chance to exert decisive impact on general terms of the address of goods in the corresponding goods market or to complicate access to the market to other business entities;

10) goods – object of the civil laws (goods, work, services, including financial services), held for sale, exchange or other type of its introduction in civil circulation;

11) interchangeable goods – group of goods which to destination, to use method, quality and (or) technical or other characteristics are comparable;

12) incorrect comparison – the comparison or the statement discrediting the certain competitor or competitors in general and also the made or implementable goods concerning goods of other business entities;

13) economic concentration – merge of two or more earlier impartial legal entities which can be performed by merge, acquisition of control of other legal entities or creation of the joint business performing all functions of the independent economic legal entity on permanent basis;

14) exclusively high price – the goods price established by the business entity holding dominant position in the goods market if this price considerably exceeds the amount of economically reasonable production costs and realization of such goods and profit, and also the price which is established in the conditions of the competition in the comparable goods market by the business entities who are not entering with buyers (sellers) of goods one group of persons, and not having dominant position in the comparable goods market;

15) exclusively low price – the goods price (works, services) established by the business entity holding dominant position in the goods market if this price is lower than the amount of economically reasonable production costs and profit in case of production and realization of such goods or the price of goods established by the business entity holding dominant position in the goods market which the low price established in the conditions of the competition in the comparable goods market by the business entities who are not entering with buyers (sellers) of goods one group of persons and not having dominant position in such comparable goods market;

16) unreasonably high and unreasonably low price of financial service – the price of financial service established by the business entity holding dominant position which significantly differs from the price operating in the conditions of the competition in the market of financial services complicates access to the goods market to other financial organizations and (or) exerts negative impact on the competition in the goods market;

17) the competitive price of financial service – the price according to which the financial service can be rendered in competition conditions;

18) the competition – free competition of business entities in which independent action of each of them effectively limits possibility of unilateral impact of each of them on general terms of the address of goods in the corresponding goods market (the market of works, services);

19) unfair competition – any actions of business entities which are directed to receipt of benefit in business activity and contradict the legislation of the Republic of Tajikistan, caused or can cause losses to other business entities – competitors either put, or can cause damage to their goodwill;

20) the agreement – any arrangement, understanding or coordinated actions concluded in written or oral form between two or more parties capable to influence the competition;

21) the horizontal agreement (shipping conference) – the agreement between the subjects competing in one market, directed to competition restriction;

22) the vertical agreement – the agreement between business entities, one of whom acquires goods, and another provides (sells) goods;

23) business entities – legal entities (irrespective of patterns of ownership), including branches and representations of foreign legal entities and the individual entrepreneurs performing business activity;

24) single business entity – several legal entities, including foreign, their associations, the commercial and non-profit organizations forming the single organization from personal, material and non-material elements pursuing particular economic target on long-term basis and capable to promote making of offense;

25) the economic analysis – the analysis of the corresponding market for the purpose of identification of conditions of the competition, including the restrictive conditions and effects influencing competition development;

26) the financial organizations – the legal entities rendering financial services according to the legislation of the Republic of Tajikistan;

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