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Competition law / Anti-trust law

Along with the economic development of RA and enlargement of companies and the capitals, both the State and the society begin to pay more attention to the sphere of competition. The Constitution of RA (Article 33,1) guarantees the right to engage in entrepreneurial activities and forbids unfair competition and abuse of monopoly or dominant position. The mentioned provision received detailed regulation and was implemented in the RA law on “Protection of Economic Competition and in some other pieces of legislation.

 

The State Commission of Protection of Economic Competition of RA is the main body providing the application and protection of competition law. Except the State Commission of Protection of Economic Competition, several bodies have functions connected to ensuring the competition in certain areas of practice, e.g. Public Services Regulatory Commission. Besides national courts have jurisdiction to hear cases connected to competition.

 

The following are examples of violation of economic competition: abuse of trademarks, participation in anti-competitive agreements, non-declarations of centralizations, the abuse of dominant position, violation of requirements related to advertising, etc.

 

In order to ensure their image as fair competitor and not to undergo significant financial liabilities (for example, in case of participating in an anti-competition agreement a penalty from 5.000.000 – 200.000.000 AMD, is some cases the profit generated from such agreement is taken), the companies are to conduct their activities in accordance with Competition law requirements.

  

In case of violation of competition law both, executive officers (CEO, Director, CFO etc.) and the company as a whole may be sanctioned with penalties and significant charges, as well as receive negative publicity. In few cases even criminal responsibility to individuals may be imposed (the Criminal code provides responsibility for several anti-competitive actions).

 

On the other hand, the companies need to be informed about the possibilities provided by the Competition law for the aim of protecting their rights and legitimate interests towards anti-competitive actions. As the result of this they will have the better possibility to survive in the hard competitive market, and even develop and flourish.

  

Competition law also contains several requirements, which are aimed at regulating the centralization, joint activities and some major transactions of large companies. Non-fulfillment of competition-law requirement while completing those contracts / performing those transactions can result in invalidity of those transactions, with all the consequences deriving from it.

  

We offer the following services in the field of competition:

  • Analysis of the activities of companies and (possible) competitors aimed at finding possible violations of Competition law, as well as development of relevant internal procedures (compliance);
  • Analysis on of competition law issues, including the study of relevant foreign experience / legislation;
  • Consultation on competition issues connected to Mergers and Accusations transactions;
  •  Declaring of centralizations;
  • Representation in the Committee of the Protection of Economic Competition, as well as in other administrative bodies on the issues connected to competition law;
  • Court representation in courts of general jurisdiction in possible disputes with competitors as well as in administrative courts in disputes with state bodies (including the State Committee of the Protection of Economic Competition).

 

By representing the interests of its clients, Concern-Dialog Law Firm has achieved number of successes, namely:

  • Represented the interests of Arminco LLC and Internet Technology Center LLC in the administrative proceeding initiated by the Competition Commission.
  • Successfully actualized the declaring of the centralization of ADC Holding AC, Armenian Datacom Company CJSC and Fibernet Communication LLC,
  • Requested and received useful official clarification regarding the particularities of the relevant articles of the law regulating the given sphere.

 

The mission of Concern-Dialog Law Firm is to protect your company from financial losses and to avoid such situations which can negatively affect your company’s reputation, protect your company’s interests, and to protect you from the anti-competition activities of other companies.