Competition Regulations under the Competition Code adopted

 

In order to ensure the implementation of the Decree of the President of the Republic of Azerbaijan No. 2451 dated January 23, 2024 “On the approval, entry into force of the Competition Code of the Republic of Azerbaijan and related legal regulations” No. 1051-VIQ of the Republic of Azerbaijan dated December 8, 2023 and on the regulation of some related issues”, a number of regulations have been approved by the Cabinet of Ministers of the Republic of Azerbaijan in line with the delegated powers by the Competition Code of Azerbaijan. Below we list and purpose these executive regulations.

 

"Rules for the establishment, composition, consideration of cases by the competition commission and adoption of decisions"

 

The Rules for the establishment, composition, consideration of cases by the competition commission and adoption of decisions determine the requirements for the formation, rights and obligations of the competition commission, organization of its activities, procedure for holding its meetings, meeting protocols and decisions adopted by it, in accordance with Articles 8.2 and 61.6 of the Competition Code of the Republic of Azerbaijan (hereinafter referred to as the Code). This decision entered into force on December 20, 2024.

 

"Rules for conducting market monitoring based on the decision of the competition authority, the form and preparation of the act on the results of monitoring"

 

The Rules for conducting market monitoring based on the decision of the competition authority, the form and preparation of the act on the results of monitoring establishe the rules for conducting monitoring of various product markets and (or) markets based on the decision of the competition authority, in accordance with Article 44.2 of the Code. By the same Decision of the Cabinet of Ministers, along with the “Rules for conducting market monitoring based on the decision of the competition authority”, the “Form of the act on the results of market monitoring” and the “Rules for drawing up the act on the results of market monitoring” were also approved. This decision enters into force on December 20, 2024.

 

"Form and Procedure for Submission of Financial Statements on the Results of Entrepreneurial Activities by Natural Monopolies"

 

This Regulation determines the procedure for submission of financial statements on the results of entrepreneurial activities by natural monopolies in accordance with Article 39.7 of the Code. By the same Decision of the Cabinet of Ministers, the “Form of Financial Statements on the Results of Entrepreneurial Activities by Natural Monopolies” and the “Procedure for Submission of Financial Statements on the Results of Entrepreneurial Activities by Natural Monopolies” were also approved. This Decision is applied from July 1, 2024.

 

"Conditions for determining the dominant position of financial institutions (market share limits and criteria for determining them)"

 

This document regulates the conditions for determining the dominant position of financial institutions (market share limits and criteria for determining them) in accordance with Article 15.3 of the Code and entered into force on December 20, 2024.

 

"Rules for assessing the objective necessity and effectiveness of abuse of a dominant position"

 

The Rules for assessing the objective necessity and effectiveness of abuse of a dominant position have been developed in accordance with Article 16.7 of the Code, taking into account the requirements of Articles 16.4 and 16.5 of the Code, and determine the basis for assessing the objective necessity and effectiveness of abuse of a dominant position. This decision entered into force on December 23, 2024.

 

"The Criteria (total value of assets of financial institutions participating in the concentration, total turnover volume) which require the approval of the competition authority by financial institutions participating in the concentration in financial markets"

 

This document, in accordance with Article 27.2 of the Code, determines the criteria (total value of assets of financial institutions participating in the concentration, total turnover volume) that require the approval of the competition authority by financial institutions participating in the concentration in financial markets. The relevant decision entered into force on December 23, 2024.

 

"Rules for Confirmation of Compliance of Agreements with Competition Legislation"

 

The  Rules for Confirmation of Compliance of Agreements with Competition Legislation have been developed in accordance with Article 13.6 of the Code and, taking into account the requirements of Articles 11.8, 12, 13.1, 13.3 and 14.1 of the Code, determine the procedure for confirming the exclusion or minor significance of agreements concluded between economic entities based on the criteria established in accordance with Article 13.2 of the Code. The decision entered into force on December 26, 2024.

 

"Rules for submitting and considering applications in accordance with the second sentence of Article 39.3 of the Competition Code of the Republic of Azerbaijan"

 

This Regulation has been developed in accordance with Article 39.3 of the Competition Code of the Republic of Azerbaijan and determines the sequence of submitting applications for obtaining consent for the performance of actions under state control by natural monopoly entities, for the temporary operation of another market entity in a certain territory or period due to the existence of an emergency environmental regime of a social nature, submitting the required documents and information in this regard, considering the application, granting or refusing consent. The purpose of applying this Regulation is to prevent or eliminate actions (inaction) that may harm the interests of customers or impede the economically justified transition from a natural monopoly to a free competition state, and to ensure the balancing of the interests of natural monopoly entities and customers. The decision entered into force on December 26, 2024.