Laws
(With further amendments and supplements)
Adopted on
November 6, 2000
Law of the Republic of Armenia on Protection of Economic Competition
Chapter 7: Liability For Violation Of This Law
ARTICLE 36. LIABILITY FOR INFRINGEMENTS IN THE FIELD OF ECONOMIC COMPETITION
1. Economic entities, the state administration and local government bodies and their officials shall incur liability for the violation of this Law according to the procedure defined by this Law and the legislation.
2. Entering into (establishing, participating in) anticompetitive agreement shall lead to imposition of a fine upon the economic entity-anticompetitive agreement participant at the rate of 2% of proceeds of the year preceding the entry into (establishment, participation in) the agreement, but not exceeding three hundred million AMD. In case the conducted activity lasted less than 12 months during the previous year, the infringements stipulated in this part shall lead to imposition of a fine at the rate of 2% of proceeds (however not exceeding three hundred million AMD) from the activity conducted prior to the entry into (establishment, participation in) that agreement but not exceeding 12 months’ period.
3. Abuse of dominant position shall lead to imposition of a fine upon economic entity at the rate of 1% of proceeds of the previous year, but not exceeding three hundred million AMD. In case the conducted activity lasted less than 12 months during the previous year, the infringements stipulated in this part shall lead to imposition of a fine at the rate of 1% of proceeds (however not exceeding three hundred million AMD) from activity conducted in the period preceding the infringement but not exceeding 12 months’ period.
4. Failure to declare the concentration as stipulated by this Law, or enactment of (participation in) prohibited concentration shall lead to imposition of a fine upon the economic entity-concentration participant at the rate of 4% of proceeds of the year preceding the participation in the concentration, but not exceeding five hundred million AMD. In case the activity conducted in the previous year lasted less than 12 month, the infringement stipulated in this part shall lead to imposition of a fine upon the economic entity-concentration participant at the rate of 4% of proceeds (however not exceeding five hundred million AMD) of the year preceding the concentration but not exceeding 12 months’ period.
5. Action of unfair competition shall lead to imposition of a fine at the size of five hundred thousands AMD.
Repetition of an infringement stipulated in this part during 1 year shall lead to imposition of a fine at the size of one million AMD.
6. Receipt of prohibited state aid shall lead to imposition of a fine upon economic entity at the rate of 2% of proceeds of the year preceding the infringement, but not exceeding three hundred million AMD. In case the activity conducted in the previous year lasted less than 12 months, the infringement stipulated in this part shall lead to imposition of a fine at the rate of 2% of proceeds (however not exceeding three hundred million AMD) from activity conducted in the period preceding the infringement but not exceeding 12 months’ period.
7. Failure to submit documents or other information as defined by the Commission decision, or submission of unreliable or false data shall lead to imposition of a fine at the size of five hundred thousand AMD. Repetition of the violation stipulated in this Part during one year shall lead to imposition of a fine at the size of two million AMD.
8. Preventing the Commissioners or Commission staff from performing the rights or duties reserved to them by this Law, the Statute or other legal acts shall lead to imposition of a fine at the size of five hundred thousands AMD.
2. Entering into (establishing, participating in) anticompetitive agreement shall lead to imposition of a fine upon the economic entity-anticompetitive agreement participant at the rate of 2% of proceeds of the year preceding the entry into (establishment, participation in) the agreement, but not exceeding three hundred million AMD. In case the conducted activity lasted less than 12 months during the previous year, the infringements stipulated in this part shall lead to imposition of a fine at the rate of 2% of proceeds (however not exceeding three hundred million AMD) from the activity conducted prior to the entry into (establishment, participation in) that agreement but not exceeding 12 months’ period.
3. Abuse of dominant position shall lead to imposition of a fine upon economic entity at the rate of 1% of proceeds of the previous year, but not exceeding three hundred million AMD. In case the conducted activity lasted less than 12 months during the previous year, the infringements stipulated in this part shall lead to imposition of a fine at the rate of 1% of proceeds (however not exceeding three hundred million AMD) from activity conducted in the period preceding the infringement but not exceeding 12 months’ period.
4. Failure to declare the concentration as stipulated by this Law, or enactment of (participation in) prohibited concentration shall lead to imposition of a fine upon the economic entity-concentration participant at the rate of 4% of proceeds of the year preceding the participation in the concentration, but not exceeding five hundred million AMD. In case the activity conducted in the previous year lasted less than 12 month, the infringement stipulated in this part shall lead to imposition of a fine upon the economic entity-concentration participant at the rate of 4% of proceeds (however not exceeding five hundred million AMD) of the year preceding the concentration but not exceeding 12 months’ period.
5. Action of unfair competition shall lead to imposition of a fine at the size of five hundred thousands AMD.
Repetition of an infringement stipulated in this part during 1 year shall lead to imposition of a fine at the size of one million AMD.
6. Receipt of prohibited state aid shall lead to imposition of a fine upon economic entity at the rate of 2% of proceeds of the year preceding the infringement, but not exceeding three hundred million AMD. In case the activity conducted in the previous year lasted less than 12 months, the infringement stipulated in this part shall lead to imposition of a fine at the rate of 2% of proceeds (however not exceeding three hundred million AMD) from activity conducted in the period preceding the infringement but not exceeding 12 months’ period.
7. Failure to submit documents or other information as defined by the Commission decision, or submission of unreliable or false data shall lead to imposition of a fine at the size of five hundred thousand AMD. Repetition of the violation stipulated in this Part during one year shall lead to imposition of a fine at the size of two million AMD.
8. Preventing the Commissioners or Commission staff from performing the rights or duties reserved to them by this Law, the Statute or other legal acts shall lead to imposition of a fine at the size of five hundred thousands AMD.
(Article 36 was supplemented and amended by # HO-398-N Law adopted on 28.06.2002, # HO-29-N Law adopted on 25.12.2003, #HO-91-N Law adopted on 04.05.2005 and #HO-107-N Law adopted on 22.02.2007)
ARTICLE 37. FAILURE TO EXECUTE THE COMMISSION DECISION
Failure by economic entities to execute the Commission Decision (except for decisions on submission of documents and other information) within the timeframe specified therein shall lead to imposition of a fine at the size of one million AMD.
(Article 37 was amended by #HO-91-N Law adopted on 04.05.2005 and #HO-107-N Law adopted on 22.02.2007)
ARTICLE 38. COMPENSATION OF DAMAGES
Damages caused to other economic entities or persons due to activities (inaction) of an economic entity in violation of this Law shall be subject to compensation by the violating economic entity according to the procedure defined by the legislation.
Damages caused to economic entities or other persons due to unlawful decisions, activities (inaction) of the state and local government bodies shall be subject to compensation according to the procedure defined by the legislation.
(Article 38 was amended by #HO-107-N Law adopted on 22.02.2007)
ARTICLE 39. RESPONSIBILITY OF THE COMMISSION OFFICIALS
The Commission officials shall bear responsibility for the violation of this Law according to the procedure defined by the legislation.
ARTICLE 40. RESPONSIBILITY OF OFFICIALS FOR VIOLATION OF THIS LAW
Officials shall bear responsibility for violation of this Law according to the procedure defined by the administrative legislation of the Republic of Armenia.
