Legal Services for Business
Legal Services for Business
Legal Services for Business
Legal Services for Business
Antitrust Regulation
Current trends in the development of Antitrust Regulation in Belarus
In recent years legislative regulation in countering the monopolistic activity and the development of competition, as well as control carried out by the authorized state bodies over the implementation of stipulated requirements by business entities has become increasingly important in Belarus.
This trend is largely due to the creation of a single economic space within the framework of the Eurasian Economic Union (EAEU) to which the Republic of Belarus is a State party. In view of the creation of a single market within the EAEU and the development of integration processes, an obvious need has arisen to bring the legislation of the EAEU member states in the field of antitrust regulation into line with the uniform criteria developed.
In this regard, the legislation of the Republic of Belarus in the field of antitrust regulation has also undergone certain changes due to its improvement. Thus, on 02.08.2018 a new version of the Law of the Republic of Belarus “On counteraction to monopolistic activity and development of competition” came into force. Some other legislative acts were also adopted and enacted in this regard.
Currently the legislation in the field of antitrust regulation provides for a number of cases when it is necessary to obtain the consent of the antitrust body to perform certain actions (reorganization and transactions with shares (stocks) of limited companies and joint stock companies, establishment of commercial organizations, etc.) if certain criteria are provided.
In turn, the consequences of not obtaining the consent of the antitrust body in cases where it is necessary to receive it are quite serious and can have an extremely negative impact on the business activities of a specific legal entity. In particular, transactions with shares (stocks) of limited companies and joint stock companies that are committed without obtaining such consent may be deemed invalid by the court under the antitrust body's statement of claim.
The current antitrust regulation also stipulates the provisions aimed at protecting the legitimate rights and interests of business entities, namely, restricting and suppressing unfair competition, for instance. It may in particular concern misuse of another's trademark. In this regard the law establishes a number of mechanisms and procedures whereby the violated legal rights and interests of a particular business entity can be redressed due to the manifestation of unfair competition in relation to it by other persons.
Key activities
Within the framework of the antitrust regulation subpractice, lawyers of Lovtsov Klochko & Partners have significant positive experience and provide legal services (providing verbal and written advice, drafting the necessary documents and representing interests in government bodies and in relations with the third parties) in the following key areas:
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The provision of legal services is paid on the basis of the cost and pricing principles previously agreed with the Client, namely: either on the basis of a fixed cost of services, or on the basis of a “budget” determining the allowable minimum and maximum cost limits, or on actual labour costs.
Payments are carried out on the basis of an invoice as well as Certificate of services rendered (if payment is made upon completion of the services rendering).
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