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CES competiton: creation of a system

CES competiton: creation of a system

A new cooperation format is being currently implemented in the CIS within the framework of the EurAsEC, which provides for a deeper integration of the countries concerned: the Republic of Belarus, the Republic of Kazakhstan, and the Russian Federation. The format provides for full creation of the Customs Union (CU), which has by now been practically formed, and of the Common Economic Space (CES). The Eurasian Economic Commission established in 2011 is the single permanent governing body of the CU and the CES. Our magazine has a unique opportunity to meet with and talk to Nurlan Aldabergenov, Minister for Competition and Antimonopoly Regulation of the Eurasian Economic Commission.

Our guest answers the core question on how to distinguish the competence of the Commission and that of the national antimonopoly authorities.

- The International Judicial Forum in Saint-Petersburg (May 2012) discussed the development of common legal instruments, the so-called basis for an optimal cooperation regime. What does the Agreement on Common Principles and Rules of Competition establish?

- The Commission and the governments of the CU and CES member-states have the task to create a mechanism for regulating competitive relations that would efficiently suppress anti-competitive practice capable of affecting the trade among the united countries and violating the conditions of fare competition on their territories.


The key document laying down the system for regulating competitive relations within the CES framework is the Agreement on Common Principles and Rules of Competition of December 9, 2010 brought into force on January 1, 2012.

The Agreement serves to provide the solution for several problems simultaneously. They include, first of all, the creation of a common legal framework for doing business on the single customs territory by ways of harmonization of the antimonopoly legislation in the member-states on the basis of coordinated principles set forth in the Agreement, as well as non-admission of activities affecting the mutual trade of the united countries, both in national and cross-border markets.

The Agreement is based on the institutional organizational model of the European Union that combines compliance with competitive requirements in the frames of national jurisdiction and supranational control at interstate and interregional markets of the three countries.


The Agreement contains two groups of regulations: common principles of the competition policy in the member-states of the Agreement, which shall form the basis for harmonization of norms of national legislations, and common rules of competition, which perform a double function.


On the one hand, such rules form the framework for unification of national legislations of the member-states of the Agreement in such antimonopoly legislation areas as anti-competitive agreements, abuse of dominance, and unfair competition.


On the other hand, common competition rules are directly applicable norms that will spread over to relations between economic entities of the member-states of the Agreement in cross-border markets on the territory of several parties to the Agreement.


Pursuant to the Agreement, the function of enforcing the common competition rules in cross-border markets rests with the EEC.


To perform the function, the Commission is empowered inter alia to carry out investigations and proceedings in respect of violation of the common competition rules, to establish penalties for such violations, and take decisions binding on the economic entities.


According to the time-frame and conditions stipulated in the Agreement, the control function shall be transferred to a supranational authority gradually after a whole set of regulatory documents is developed.


Further, the Agreement provides for a closer interaction of the antimonopoly authorities in Belarus, Kazakhstan, and Russia during investigation of antimonopoly law violation cases, and empowers such authorities to exchange information including that of confidential nature, to issue orders on initiating legal procedures, etc. This will expand the exterritorial application of the antimonopoly legislation at the national level…

Полностью текст интервью читайте в печатной версии  Алдабергенова