1.1 Underlying issues of competition regulations

The main law regulating relations in antitrust and antimonopoly policies in the Republic of Armenia is the RA Law on "Protection of economic competition". But there are also the RA "Civil Code", the RA Law on "Trademarks", and the RA Law on "Firm names".

International agreements

1. Agreement on Partnership and Collaboration between the Republic of Armenia and the European Communities and their Member Countries
2. Contract on "Maintaining Agreed Antimonopoly Policy" between CIS member countries (Contract is in Russian)
3. Agreement on Cooperation in Economic Competition Policy Between The National Agency for the Protection of Competition of the Republic of Moldova and The State Commission for the Protection of Economic Competition of the Republic of Armenia 

Internal normative-legal acts

1. On the procedure for maintaining a Centralized Registry (Register) of economic entities that have a dominant position
2. On approving the procedure for defining the monopolistic or dominant position of an economic entity 
3. On approval of "Order of definition of dominant position of economic entity on product market" and "Order of definition of product market boundaries and volumes" and invalidating a number of decisions of the State Commission for the Protection of Economic Competition of the Republic of Armenia
4. On official clarification on concentration

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1.2. Antitrust authorities: structure and competencies

Antitrust authorities in RA: the main body is the State Commission for Protection of Economic Competition, other agencies: Ministry of Economy, Intellectual property Agency.

Power of the Commission: competencies and structure

The Commission is entitled to:

1. Make decisions with respect to:
   • Possible or actual violations of the Law on "Protection of economic competition";
   • Studies of product markets;
   • Research, inspection, study and/or monitoring in connection with initiating or conducting administrative cases; 
   • Boundaries of product markets, the existence of a dominant position of the economic entities in these markets, as well as on the implementation of measures conditioned by that;
   • Disaggregating (division, separation, alienation of shares or assets) of economic entities abusing their dominant position twice or more within a year;
   • Discontinuation of infringements of the Law on protection of economic competition by economic entities or elimination of their consequences, restoration of the original position, amendment or dissolution of contracts contradicting the Law on protection of economic competition, signing of contracts with other economic entities;
   • Incompliance with legal acts adopted by the state and local government bodies or their officials with the legislation on economic competition protection, providing conclusions on agreements to be signed, this applies to state aids as well as concentrations;
   • Suspension, liquidation (annulment, ceasing), recognizing void of a concentration or state aid; 
   • Imposition of penalties upon economic entities and their officials, officials of the state and local government bodies for infringement of the Law on the protection of economic competition.
2. Control over implementation (maintenance) of the Commission decisions; 
3. Conducting research, inspection, study and (or) monitoring according to the procedure defined by the law in order to disclose the reliability of information presented by economic entities, the actual activity of economic entities, or to exercise control over enforcement of the Commission decisions;
4. Apply to the court in connection with violations of the Law on the protection of economic competition, including legal acts adopted by the state and local government bodies, with the request to recognize void, fully or partially, the contracts  signed by economic entities in violation of the Law on the protection of economic competition, as well as to amend or dissolve such contracts;
5. Apply to the Government of the Republic of Armenia with a petition to cease the actions of state bodies or their officials which conflict with the Law on the protection of economic competition;
6. Impose fines, exercise other sanctions stipulated by the Law on the protection of economic competition;
7. Adopt appropriate procedures connected with monopolistic agreements, dominant positions, concentrations, unfair competition, state aid, as well as the determination of  product market;
8. Provide explanations with respect to issues relating to the enforcement of the economic competition protection legislation;
9. Exercise other powers envisaged by the legislation.

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1.3. Extraterritoriality

If international treaties of the Republic of Armenia define norms other than those stipulated by the Law, the international treaties shall apply.

Within the limits of its functions the Commission co-operates with the international agencies and organizations operating in the Republic of Armenia as well as the similar structures and international bodies of foreign countries.

International co-operation of Commission is aimed at:

1. Accomplishment of obligations contained in international contracts signed on the issues referring to the Commission's competency;
2. Exchange of experience and collaboration with similar structures;
3. Study of economic competition protection processes in foreign states, introduction of advanced experience and the improvement of staff qualifications;
4. Drafting and implementation of international technical assistance programs deriving from the Commission's interests;
5. Support in integration into the global economic environment within the limits of its powers;
6. Enhancing relationships with competent bodies of foreign states and international organizations;
7. Execution of other powers delegated to the Commission according to the legislation of the Republic of Armenia.

   

In 2007 the Commission expanded and developed its relationships with international organizations (OECD, EC, USAID, WB, UNCTAD, ICN) and similar departments of foreign states.

Negotiations to implement a new project on enhancing economic policy with the Organization of Security and Co-operation in Europe (OSCE) are resumed. The project will be executed by the OSCE Yerevan office and Commission. 

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