Laws
(With further amendments and supplements)
Adopted on
November 6, 2000
Law of the Republic of Armenia on Protection of Economic Competition
Chapter 3: Monopolistic Or Dominant Position
ARTICLE 6. MONOPOLISTIC OR DOMINANT POSITION
1. Within the meaning of this Law, an economic entity shall be deemed as having a monopolistic position on a product market if it has no competitor as a seller (acquirer).
2. An economic entity shall be deemed as having a dominant position on a product market if as a seller (acquirer) it captures at least one third of the given market in terms of sale volumes.
3. Each of two economic entities having the largest sale (purchase) volumes on a product market shall be deemed as having a dominant position on the given product market if as seller (acquirer) they jointly capture at least ½ of the given market in terms of sale volumes.
4. Each of three economic entities having the largest sale (purchase) volumes on a product market shall be deemed as having a dominant position on the given product market if as seller (acquirer) they jointly capture at least two third of the given market in terms of sale volumes.
5. The Commission shall define the monopolistic or dominant position of economic entities, as well as the procedure on maintaining the Centralized Log (Register) of Economic Entities having Dominant Position.
6. An economic entity shall be recorded in the Centralized Log (Register) of Economic Entities having Dominant Position on product market, as well as shall be removed from the Log in case of loosing that position.
1. Within the meaning of this Law, an economic entity shall be deemed as having a monopolistic position on a product market if it has no competitor as a seller (acquirer).
2. An economic entity shall be deemed as having a dominant position on a product market if as a seller (acquirer) it captures at least one third of the given market in terms of sale volumes.
3. Each of two economic entities having the largest sale (purchase) volumes on a product market shall be deemed as having a dominant position on the given product market if as seller (acquirer) they jointly capture at least ½ of the given market in terms of sale volumes.
4. Each of three economic entities having the largest sale (purchase) volumes on a product market shall be deemed as having a dominant position on the given product market if as seller (acquirer) they jointly capture at least two third of the given market in terms of sale volumes.
5. The Commission shall define the monopolistic or dominant position of economic entities, as well as the procedure on maintaining the Centralized Log (Register) of Economic Entities having Dominant Position.
6. An economic entity shall be recorded in the Centralized Log (Register) of Economic Entities having Dominant Position on product market, as well as shall be removed from the Log in case of loosing that position.
(Article 6 was supplemented by # HO-398-N Law adopted on 28.06.2002 and amended by # HO-107-N Law adopted on 22.02.2007)
ARTICLE 7. ABUSE OF MONOPOLISTIC OR DOMINANT POSITION
1. Abuse of monopolistic or dominant position (hereinafter “Dominant Position”) by economic entities shall be prohibited.
2. Abuse of a dominant position shall be deemed:
1. Abuse of monopolistic or dominant position (hereinafter “Dominant Position”) by economic entities shall be prohibited.
2. Abuse of a dominant position shall be deemed:
a) Establishment or application of unjustified, discriminatory and (or) differentiated sale or acquisition prices or direct or indirect binding of other trading conditions conflicting the legislation;
b) Restriction of trade or modernization of production or investments of other economic entity;
c) Creation or maintenance of deficit in a product market to the prejudice of consumers’ interests by means of product imports, or unjustified contraction of production, or keeping, spoiling and destroying the products;
d) Application of discriminatory conditions towards consumers or other economic entities;
e) Binding additional obligations to a contract party, including trading objects, which in their nature or implementation aspect are not related to the subject of the contract;
f) Forcing economic entities to restructure or break economic relations;
g) Impediment to the market entry (restriction of the market entry) of other economic entities, or ousting them out from the market, as a result of which the economic entity did not enter the market or was ousted out from the market or made additional expenses not to be ousted out from the market
h) Offering or application of conditions that create or may create unequal competitive conditions, when similar conditions have not been offered to other economic entities operating on the product market;
i) Establishment, change or maintenance of discounts or privileges of sale or acquisition prices if they are targeted at the restriction of competition.
b) Restriction of trade or modernization of production or investments of other economic entity;
c) Creation or maintenance of deficit in a product market to the prejudice of consumers’ interests by means of product imports, or unjustified contraction of production, or keeping, spoiling and destroying the products;
d) Application of discriminatory conditions towards consumers or other economic entities;
e) Binding additional obligations to a contract party, including trading objects, which in their nature or implementation aspect are not related to the subject of the contract;
f) Forcing economic entities to restructure or break economic relations;
g) Impediment to the market entry (restriction of the market entry) of other economic entities, or ousting them out from the market, as a result of which the economic entity did not enter the market or was ousted out from the market or made additional expenses not to be ousted out from the market
h) Offering or application of conditions that create or may create unequal competitive conditions, when similar conditions have not been offered to other economic entities operating on the product market;
i) Establishment, change or maintenance of discounts or privileges of sale or acquisition prices if they are targeted at the restriction of competition.
(Article 7 was supplemented by # HO-29-N Law adopted on 25.12.2003 and by # HO-91-N Law adopted on 04.05.2005, and was amended by # HO-107-N Law adopted on 22.02.2007)
(Chapter 3 was amended by #HO-107-N Law adopted on 22.02.2007)
(Chapter 3 was amended by #HO-107-N Law adopted on 22.02.2007)
