RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of August 20, 2013 No. 230

About measures for enhancement of anti-monopoly regulation in the goods and financial markets

According to the Law of the Republic of Uzbekistan "About the competition" and for the purpose of enhancement of state regulation in the field of the competition on goods and the Cabinet of Ministers financial markets decides:

1. Approve:

 The provision "About Procedure for Recognition of Dominant Position of Business Entity or Group of Persons in the Goods or Financial Market and Maintaining the State Register of the Business Entities Holding Dominant Position in the Goods or Financial Market", according to appendix No. 1;

 The provision "About Procedure for Determination of Exclusively High and Exclusively Low Prices of Services in the Financial Market" according to appendix No. 2;

 The provision "About Procedure for Identification of the Coordinated Actions and Transactions Limiting the Competition", according to appendix No. 3;

 The provision "About Procedure for Consideration of Questions of Forced Separation or Allocation of Business Entities" according to appendix No. 4.

2. To the state committee of the Republic of Uzbekistan on privatization, demonopolization and development of the competition together with the interested ministries and departments to make in the Cabinet of Ministers of the Republic of Uzbekistan offers on the changes and amendments in the legislation following from this resolution in a month.

To the ministries and departments to bring the departmental regulatory legal acts into accord with this resolution in a month.

3. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan R.S.Azimov.

Appendix №1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of August 20, 2013 No. 230

Regulations on procedure for recognition of dominant position of business entity or group of persons in the goods or financial market and maintaining the State register of the business entities holding dominant position in the goods or financial market

I. General provisions

1. This Provision according to the Law of the Republic of Uzbekistan "About the competition" determines procedure and conditions of recognition of dominant position of business entity or group of persons in the goods or financial market, and also procedure for maintaining the State register of the business entities holding dominant position in the goods or financial market.

2. In this Provision the following concepts are used:

goods - the activities product intended for acquisition and realization, including work and service (except financial services);

financial service - the service rendered by banks and other credit, insurance and other financial institutions and also the service of professional participants of the security market and other service connected with attraction and (or) placement of money;

borders of the goods or financial market - limits of the address of goods or financial service (including interchanged) in the territory of the Republic of Uzbekistan or its part which can not match with administrative-territorial division of the Republic of Uzbekistan and in which borders there is possibility of his (her) acquisition and rendering;

 market share in the goods market - ratio of the sales amount made by business entity or group of persons of goods to total sales amount of manufactured goods all participants of this goods market within its borders;

market share in the financial market - ratio of amount of the financial service rendered by business entity or group of persons to total amount of the financial service rendered by all members of this financial market within its borders.

3. Recognition of dominant position of business entity or group of persons in the goods or financial market is performed by the State committee of the Republic of Uzbekistan on assistance privatized the companies and to development of the competition and its territorial authorities (further - antimonopoly authority) within borders of the goods or financial market, irrespective of the place of his (her) stay and state registration.

4. Establishment of availability of dominant position of business entity or group of persons in the goods or financial market is performed in the following sequence:

delimitation of the goods or financial market taking into account interchangeable goods or financial services;

determination of market share of business entity and (or) group of persons;

recognition of dominant position of business entity or group of persons.

II. Delimitation of the goods market and market share, and also recognition of dominant position of business entity or group of persons in the goods market

5. The antimonopoly authority in case of observance of the requirements for delimitation of the goods market established by this Provision has the right to establish borders of the goods market in general on the republic, separately on the Republic of Karakalpakstan, areas and Tashkent or by consolidation of borders of two or more goods markets in one.

6. Borders of the goods market are determined by the principle of availability of acquisition by consumers of goods. Availability of purchase of goods is provided in the presence of the following conditions:

 possibility of acquisition of specific goods in the respective region;

correctness of transportation costs concerning goods cost;

preserving quality, reliability and other consumer properties of goods;

lack of restrictions (prohibitions) of purchase and sale, goods import-export;

 availability of equal conditions of the competition within borders of the goods market.

7. Determination of market shares of business entities or group of persons is performed based on information specified in Items 13 and 14 of this provision, for the period at least one year.

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