THE ORDER OF ANTI-MONOPOLY SERVICE UNDER THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of July 26, 2011 No. 85

About approval of regulatory legal acts of the antitrust law of the Republic of Tajikistan

For the purpose of implementation of requirements of Articles 4, 6, 13 and 24 Law of the Republic of Tajikistan "About the competition and restriction of monopolistic activities in the goods market"

1. Approve the following regulatory legal acts:

- Regulations on procedure for price regulation on products, goods (services) made (rendered) by business entities - dominants and monopolists;

- Regulations on procedure for representation to the authorized body performing the antimonopoly policy of petitions and notifications according to requirements of articles 15 and 16 of the Law of the Republic of Tajikistan "About the competition and restriction of monopolistic activities in the goods markets";

- Procedure for determination of the prices (rates) or their limit of the business entities holding dominant position in the goods market of the Republic of Tajikistan;

- Procedure for hearing of cases on antitrust violation of the Republic of Tajikistan;

- Procedure for forming and maintaining the Register of the business entities holding dominant position in the goods market;

- Rules about procedure for conducting checks on observance of the antitrust law by public authorities, local executive bodies of the government, self-government institutions of the settlement and village and authorized organizations of these bodies;

- Rules by determination of dominant position of business entity in the goods market;

- Rules of conducting checks of activities of business entities in the Republic of Tajikistan according to requirements, the laws of the Republic of Tajikistan "About natural monopolies", "About the competition and restriction of monopolistic activities in the goods markets", "About consumer protection" and "About advertizing".

2. "About regulatory legal acts" to provide this order according to certain procedure for the Law of the Republic of Tajikistan for state registration and introduction to the state register of regulatory legal acts of the Republic of Tajikistan in the Ministry of Justice of the Republic of Tajikistan.

3. From the moment of introduction legal force of this order to declare the following regulatory legal acts invalid:

The provision "About Procedure for Price Regulation on Products, Goods (Services) Made (Rendered) by Business Entities — Dominants and Monopolists", Provision "About procedure for representation to the authorized body performing the antimonopoly policy of petitions and notifications according to requirements of articles 15 and 16 of the Law of the Republic of Tajikistan "About the competition and restriction of monopolistic activities in the goods markets", "Rules of conducting checks of activities of business entities in the Republic of Tajikistan according to requirements, the laws of the Republic of Tajikistan "About natural monopolies", "About the competition and restriction of monopolistic activities in the goods markets", "About consumer protection" and "About advertizing", "Rules about procedure for conducting checks on observance of the antitrust law by public authorities, local executive bodies of the government self-government institutions of the settlement and village and authorized organizations of these bodies ", " rules by determination of dominant position of business entity in the goods market ", " procedure for hearing of cases on antitrust violation of the Republic of Tajikistan ", " procedure for determination of the prices (rates) or their limit of the business entities holding dominant position in the goods market of the Republic of Tajikistan ", " procedure for forming and maintaining the Register of the business entities holding dominant position in the goods market "and" the methodical recommendations about determination of agreement types" approved by the order the Ministry of Economic Development and Trade of the Republic of Tajikistan No. 3 of March 5, 2007, the Order of Anti-monopoly service No. 8 of January 27, 2011 "About approval of the Procedure for hearing of cases on antitrust violation of the Republic of Tajikistan"

4. This order to enact after its official publication and state registration.

5. Control of execution of this order to assign to the first Deputy Nachalnik Sluzhby of Odinayev N. S.

Approved by the Order of the Chief of Anti-monopoly Service under the Government of the Republic of Tajikistan of July 26, 2011 No. 85

Regulations on procedure for price regulation on products, goods (services) made (rendered) by business entities - dominants and monopolists

1. This Provision is developed based on article 13 of the Law of the Republic of Tajikistan "About the competition and restriction of monopolistic activities in the goods markets" and extends on the business entities holding the dominant position in certain goods market of the Republic of Tajikistan including services giving them the chance to exert decisive impact on the competition, to complicate access to the market to other business entities or to otherwise limit freedom of their economic activity.

2. The provision does not extend to the relations regulated by regulations of legal protection of inventions, industrial designs, trademarks and copyright unless the appropriate rights are intentionally used by their owners for the purpose of competition restriction.

3. Price regulation, rates for products (goods, services) of business entities - dominant and monopolists, is entered for the purpose of restriction and the prevention of monopolistic activities and unfair competition, and is directed for creation of conditions of effective functioning of the goods markets.

4. For the purpose of non-admission, restriction, elimination of the competition and infringement of interests of other business entities (group of persons) or physical persons is forbidden actions of business entities - dominant and monopolists, in particular:

- increase, decrease or maintenance of the prices (rates);

- establishment (maintenance) of the prices (rates), discounts, allowances (surcharges), markups, costs, profit or any other components;

- increase, decrease or maintenance of the prices at auctions and the biddings;

- imposing (maintenance) of purchase or selling prices or other unfair terms of transaction for receipt of exclusively high profit, for the purpose of elimination of competitors;

- restriction of production or sales of goods for the purpose of unreasonable price increase;

- withdrawal of goods from the address with the purpose or result which creation or maintenance of deficit in the market or price increase is;

- unreasonable increase (lowering) in current prices on products, goods (services) best-selling;

- violation of the procedure for pricing established by regulations;

- establishment, maintenance of exclusively high (low) prices;

- unreasonable economic, technical and other conditions establishment of the different prices (rates) to persons acquiring the same goods;

- unreasonable reducing or cessation of production of goods on which there are demand or orders of consumers, in the presence of profitable possibility of their production;

- unreasonable refusal of the conclusion of the contract with certain buyers (customers) in the presence of possibility of production or delivery of the corresponding goods;

- restriction of access to the market or elimination from it other business entities as sellers of certain goods or their buyers (customers);

- reducing or cessation of production of goods on which there are demand or orders in the presence of profitable possibility of their production.

5. For the purpose of restriction and suppression of monopolistic activities, non-admission and elimination of the competition, and also infringement of interests of other business entities (group of persons) or physical persons, the price (rates) of the business entities holding dominant position or monopoly position in the specific goods market of the Republic of Tajikistan is determined by authorized body, performing the antimonopoly policy (further - authorized body).

6. About the forthcoming changes in price, rates for products, goods (services) business entities - dominants and monopolists shall inform the state antimonopoly authority in three-day time.

7. In the prices, rates of products, goods (services) of business entities - dominant and monopolists cost, profitability and the operating taxes are considered. Cost of products of business entities - dominant and monopolists fixes all costs of the company for production and sale of products, in the category of calculation Articles according to industry Provisions on calculation of product cost (goods, services).

8. For price regulation, rates the managing subjects dominants and monopolists submit the following documents to authorized body:

- reasons for the reasons in the presence of change of the price level (rates);

- result of use of current prices arrived (losses) for the forthcoming period to services, the size of probable;

- calculation of product cost, goods (services), with disaggregation of all costs;

- expenses and the income from each type of products, goods (services) with expression of cost and quantity;

- expense budget and the income on budgetary and special extrabudgetary funds, approved by the Ministry of Finance of the Republic of Tajikistan, and also reporting data on the actual execution of the approved estimates;

- the comparative table of the operating and entered prices (rates);

- the copy of the balance sheet with appendices for the current year.

Projects of the prices (rates), with appendices of necessary documents are submited signed by the head of business entity. Heads of business entities bear responsibility for the provided documents.

The authorized body shall in week time after receipt of all necessary information make the decision on price regulation (rates), to send to three-day time to business entities.

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