THE EEC COUNCIL APPROVED CHANGES TO THE METODOLOGY FOR ASSESMENT OF THE STATE OF COMPETITION

The amendments, prepared with the active participation of FAS, provide for the EEC to conduct a market analysis at the stage of considering applications for violation of the general rules of competition in cross-border markets. Besides, when determining the product boundaries of the commodity market, such indicators as direct and indirect “network effects” and gratuitous provision of goods can be taken into account.

Based on the results of the market analysis, the EEC is responsible for preparing the draft analytical conclusion, which will contain conclusions on the attribution (non-attribution) of the commodity market to the cross-border market in accordance with the Criteria for attributing the market to the cross-border.

In addition, it will be possible to hold consultations with the antimonopoly authorities of the EAEU member states to coordinate the findings of the analytical conclusion based on the results of the assessment of the state of competition.

Taking into account the changes adopted by the antimonopoly authorities of the EAEU member states and the EEC, it is planned to continue work on improving the EAEU law in the field of antimonopoly regulation, following the results of which the transparent mechanism for assessing competition in commodity markets, including digital markets, and the procedure for legal proceedings of the EEC will be developed.

Reference:

The Methodology for Assessment of the State of Competition (approved by the Decision of the EEC Council No. 7 of January 30, 2013).