Text of the Official Translation
LAW
OF THE REPUBLIC OF ARMENIA
(Law edited by HO-92- N of 3 March 2021)
(Law 92-N of 3 March 2021 has a final part)
ON PROTECTION OF ECONOMIC COMPETITION AND CONSUMER INTERESTS
(Title supplemented by HO-205- N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
The purpose of this Law shall be to protect and encourage freedom of economic activity, free economic competition, ensure an appropriate environment for fair competition, promote the development of entrepreneurship and ensure the protection of consumer interests in the Republic of Armenia.
(Preamble amended by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
CHAPTER 1
GENERAL PROVISIONS
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Article 1. |
Subject matter and scope of the Law |
1. This Law shall apply to actions, conduct or acts of economic entities, state bodies, as well as officials thereof, which lead or may lead to prevention, restriction, blocking of economic competition, or unfair competition, as well as harm the consumer interests.
2. This Law shall also apply to actions or conduct of economic entities in foreign states, which may prevent, restrict or block economic competition or harm the consumer interests in the Republic of Armenia.
3. This Law shall not apply to relations regulated by the unified rules of competition in transboundary markets, the supervision over which falls within the competence of the Eurasian Economic Commission, pursuant to the international treaty of the Republic of Armenia. The criteria for considering goods markets as transboundary shall be prescribed by regulatory legal acts of the Eurasian Economic Union.
4. The Commission shall perform the functions provided for by this Law with regard to entities regulated or supervised by the Central Bank based on co-operation with the Central Bank. Co-operation between the Commission and the Central Bank shall be based on the following principles:
(1) The Commission shall inform the Central Bank about the issues of economic competition emerging in the sectors related to entities regulated or supervised by the Central Bank;
(2) Before adopting secondary legal acts on the prevention of dominant position abuses, anti-competitive agreements, and concentrations, the Central Bank shall submit them to the Commission for an opinion;
(3) The Commission shall refrain from intervention in connection with the issue raised with regard to economic competition, if the Central Bank provides the Commission with well-grounded information to the effect that due to regulatory objectives prescribed by law, the issue in question is reserved to the Central Bank, and the Central Bank performs functions prescribed by law. In such case, the final decision shall be adopted by the Central Bank taking into account the position submitted by the Commission, by addressing all the issues raised by the Commission and by providing justifications in its final position or decision for agreeing or disagreeing with them;
(4) The Commission shall refrain from submitting the opinion prescribed by point 2 of this part and intervening with the issue raised with regard to economic competition referred to in point 3 of this part in such exceptional cases, where the Central Bank aims to prevent or respond to a potential danger threatening the financial stability and price stability, where a financial organisation is declared insolvent or an application for bankruptcy is submitted to the court, where alienation of the shares or stocks of a financial organisation or its participator is enforced, where re-organisation, forced sale or liquidation of a financial organisation is carried out. The Central Bank shall submit decisions adopted in the cases provided for by this point to the Commission, except for the parts of the decision that contain bank secret or such information the provision whereof is prohibited by law or may be permitted only based on a judicial act;
(5) The Chairperson of the Commission and the Governor of the Central Bank shall sign a joint order which shall regulate the following:
a. directions and procedures for co-operation in regard to the issues of protection of competition;
b. cases of and procedure for exchange of information, including information on the measures taken in relation to the issues of economic competition between the Commission and the Central Bank;
c. cases when the Commission and the Central Bank exercise their competences with regard to entities regulated or supervised by the Central Bank, and procedure for submitting the position of the Commission and details of mutual co-operation in such cases;
d. issues provided for by this part related to the protection of competition in the field, as well as other issues not prohibited by law.
5. This Law shall not extend to the relations of the regulated public service sectors, the regulation of which is vested in the competence of the Public Services Regulatory Commission by law. The Commission shall perform the functions related to the protection of economic competition and consumer interests with regard to entities operating in regulated public service sectors based on the principle of co-operation with the Public Services Regulatory Commission.
(Article 1 supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 2. |
Legislation on protection of economic competition and consumer interests |
(Title supplemented by HO-205-N of 3 July 2025)
1. The legislation on protection of economic competition and consumer interests comprises the Constitution, the Civil Code of the Republic of Armenia, this Law, the Law “On protection of consumer rights” and other regulatory legal acts.
2. In case of conflict between the norms of international treaties ratified by the Republic of Armenia and those of this Law, the norms of the ratified international treaties shall apply.
(Article 2 supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 3. |
Main concepts and terms used in the Law |
1. The main concepts and terms used in this Law shall be applied in the following meanings:
(1) economic competition or competition — competitiveness of economic entities in which case the possibility to unilaterally influence the general conditions of circulation of goods in the relevant goods market becomes objectively excluded or restricted by the independent actions of each of them;
(2) goods —object of civil law, including property, work, service (including financial), which is designated for sale;
(3) substitutes — goods which may be comparable in terms of their intended use, application, qualitative, technical, price or other characteristics, in such a way that the acquirer actually substitutes or is ready to substitute them with each other in the process of consumption or during use for production purposes;
(4) goods market — a sector of circulation of goods and substitutes thereof within a certain territory the boundaries whereof are determined by the economic or other opportunities for or convenience of acquisition, sale or production of goods in the relevant territory and the lack of such opportunities or convenience beyond the boundaries of that territory. A goods market is characterised by the range of goods and geographical boundaries, by the study period, composition of its actors and its volume;
(5) range of goods in a goods market — the entirety of the given goods and substitutes thereof;
(6) geographical boundary of a goods market — a certain geographic territory (including road, air, water overland or other route) within the scope whereof the acquisition, sale or production of the given goods and substitutes thereof is economically feasible or expedient and such feasibility or expedience is non-existent beyond that territory. The geographical boundary of a goods market may cover the entire territory of the Republic of Armenia or a part thereof, or the territory of the Republic of Armenia (or a part thereof) and that of another state (or a part thereof);
(7) study period for goods market — a certain period (day, month, year) in the course of which the goods market is studied;
(8) entities of a goods market — the seller, producer or acquirer of the given goods and substitutes thereof;
(9) seller — a legal or natural person or state body that is the seller or a potential seller of goods;
(10) acquirer — a legal or natural person or state body that is the acquirer or a potential acquirer of goods;
(11) consumer — a natural person acquiring or potentially acquiring goods for consumption;
(11.1) protection of consumer interests — a set of measures implemented by the Commission to prevent, disrupt or eliminate such conduct, action or omission, including consequences thereof, which harm or might harm the interests of an indefinite scope of consumers or groups of consumers;
(11.2) decision on transaction — any decision of the consumer relating to the acquisition or potential acquisition of goods, terms of payment, storage or disposal, or exercise of contractual rights related to the goods, regardless of whether the consumer will acquire the given goods or not;
(12) volume of a goods market — the total volume — in-kind and/or pecuniary — of sale or acquisition of the given goods and substitutes thereof within the geographical boundary of a goods market;
(13) sale — alienation (vending, supply, otherwise transfer of the right of ownership over the goods), provision or execution;
(14) acquisition — purchase, receipt or acceptance;
(15) Commission — Commission for the Protection of Competition and Consumer Interests;
(16) state body — state or local self-government body, state or community non-commercial organisation, state or community institution, Central Bank, legal person or other organisation acting on behalf of the Republic of Armenia or a community of the Republic of Armenia or exercising a function or power of a state body or local self-government body, organisation of the Republic of Armenia or a community of the Republic of Armenia holding 50 per cent and more unit shares;
(17) economic entity — an individual entrepreneur, legal person, other organisation, representative office or branch thereof, group of persons or union of persons, and in the cases of concentrations, unfair competition, offences against consumer interests and co-ordination of economic activity provided for by this Law — a natural person shall also be regarded as an economic entity;
(18) official of an economic entity — a person exercising the powers of the single-person executive body or a member of the collegial executive body of an economic entity, or a person performing organisational, directive or administrative-economic functions;
(19) trade facility — a property complex (land parcel, building, structure) which is used in sales to deliver goods to consumers;
(20) trade network — a cluster of two or more trade facilities which are under common management or operate under the same trademark or another identification mark;
(21) economic conditions (factors) — expenses, taxes, duties, mandatory fees related to acquisition, production, sale of goods (delivery of a service, performance of a work), inflation, deflation;
(22) unjustified price increase — increase, by an economic entity, of the price of goods and/or substitutes thereof within a certain period of time, not conditioned by economic conditions (factors);
(23) unjustified price decrease — decrease, by an economic entity, of the price of goods and/or substitutes thereof within a certain period of time, not conditioned by economic conditions (factors);
(24) unjustified price maintenance — maintenance, by an economic entity, of the price of goods and/or substitutes thereof within a certain period of time, in a situation when the existence of certain economic conditions (factors) might have led or should have led to setting a lower or higher price;
(25) discriminatory conditions — conditions for entering a goods market, as well as for production, exchange, consumption, sale or otherwise transfer of goods, including price of goods, which create unequal conditions or an unequal situation for an economic entity or consumer as compared to another economic entity or consumer;
(26) indicators of prevention, restriction or blocking of competition — reduction in the number of economic entities not considered as a group of persons; increase or decrease in the price of goods, which is not related to relevant changes in the economic conditions in the goods market; refusal by economic entities not considered as a group of persons to act independently in the goods market; establishment of general conditions for circulation of goods in the goods market as a result of anti-competitive agreements between economic entities or according to binding instructions given thereto by another person or as a result of co-ordination of the actions of economic entities not considered as a group of persons; other circumstances enabling an economic entity to unilaterally influence the general conditions of circulation of goods in the goods market, as well as establishment, by state bodies and/or officials thereof, of requirements not provided for by law with regard to goods or economic entities;
(27) direct control — the ability to pre-determine the decisions adopted by a legal person, which is manifested through performing the functions of the executive body of the legal person, acquiring the right to establish the conditions for entrepreneurial activities of the legal person and/or controlling more than 50 per cent of the total number of the voting stocks (shares) comprising the authorised capital (share capital) of the legal person;
(28) indirect control — the ability of a legal or natural person exercising direct control over a legal person to pre-determine the decisions adopted by that legal person;
(29) value of an asset — balance sheet value of an asset, and in case of its absence — actual or transaction value of an asset;
(30) revenue — gross monetary inflow of economic benefits arising from the ordinary activities of an economic entity during the relevant period, which leads to an increase in the own capital, except for an increase as a result of investments made by the participators in the own capital. In the Republic of Armenia, for taxpayers revenue shall be the entrepreneurial income expressed in monetary terms to be derived from sales of goods, which shall not include the amounts of indirect taxes;
(31) unit share — right to participation (share, stock, other security) in the authorised capital (share capital) of a legal person;
(32) body providing state support — a state body, as well as all the bodies or organisations or officials that are authorised to provide state support at the expense of public finances or public resources within the meaning of this Law or, in case of state support provided upon the decision of the Government, the state body which has submitted the draft decision of the Government on provision of relevant state support to the Government for discussion;
(33) day — a working day prescribed by legislation;
(34) promotion — shall be applied in the meaning prescribed by the Law "On trade and services";
(35) discount — shall be applied in the meaning prescribed by the Law “On trade and services";
(36) base interests — interests subject to payment in the amount of one-and-a–half-fold of the bank interest reference rate defined by the Central Bank.
2. Other concepts and terms used in this Law shall be applied in the meanings prescribed by this Law, the Civil Code of the Republic of Armenia, other laws and other legal acts.
(Article 3 supplemented by HO-303-N of 7 July 2022, amended, supplemented, edited by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 4. |
Group of persons |
1. Within the meaning of this Law, a group of persons shall be a group of legal and/or natural persons between which there is actual interrelation or control and which meet at least one of the following conditions:
(1) an organisation and a natural or legal person, where that natural or legal person, based on participation thereof in the organisation and/or upon a contract, has the right to directly or indirectly dispose of (including through purchase and sale, joint venture contract, commission, letter of authorisation or other transactions) more than half of the authorised capital or unit share of the organisation as prescribed by the legislation;
(2) organisations, where the same natural or legal person, based on participation thereof in the organisation and/or upon a contract, has the right to directly or indirectly dispose of (including through purchase and sale, trust management, joint venture contract, commission or other transactions) more than half of the authorised capital or unit share of the organisations as prescribed by the legislation;
(3) organisations and natural or legal persons, where they act in common economic interests, due to interrelatedness or control;
(4) an organisation and a natural or legal person, where the natural or legal person, based on the founding documents of the organisation or upon a contract or otherwise, gains the opportunity to pre-determine the decisions (including conditions for conducting entrepreneurial activities) adopted by the organisation and/or to issue binding instructions related to main activities of the organisation;
(5) organisations, where the same natural or legal person, based on the founding documents of the organisation or upon a contract or otherwise, gains the opportunity to pre-determine the decisions (including conditions for conducting entrepreneurial activities) adopted by the organisations and/or to issue binding instructions related to main activities of the organisations;
(6) an organisation and a natural or legal person, where the single-person executive body and/or more than half of the members of the collegial executive body of the organisation have been elected or appointed, and/or more than half of the members of the management body of the organisation have been elected upon recommendation of the natural or legal person;
(7) organisations, where the single-person executive bodies and/or more than half of the members of the collegial executive bodies of the organisations have been appointed or elected, and/or more than half of the members of the management bodies of the organisations have been elected upon recommendation of the same natural or legal person;
(8) an organisation and a natural or legal person, where the natural or legal person has been exercising the powers of the single-person executive body of the organisation for at least one year;
(9) organisations, where the same natural or legal person has been exercising the powers of the single-person executive bodies of the organisations for at least one year;
(10) organisations where more than half of the members of the collegial executive body are the same natural persons;
(11) natural and/or legal persons the trade facilities operated whereby are under common management or operate under the same trademark or other identification mark;
(12) a natural person, his or her spouse, parent, child, adoptive parent, adoptive child;
(12.1) a natural person, his or her brother or sister;
(13) an organisation and a natural or legal person that are considered as a group of persons based on one of the grounds mentioned in this part, where these persons, based on their participation in the organisation and/or upon a contract, have the right to directly or indirectly dispose of (including through purchase and sale, trust management, joint venture contract, commission or other transactions) more than half of the authorised capital or unit share of that organisation as prescribed by legislation;
(14) natural and/or legal persons each whereof are in a group of persons with the same person based on one of the grounds mentioned in this part, as well as other persons that are in a group of persons with one of the given persons, based on one of the grounds mentioned in this part.
(Article 4 amended, supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
CHAPTER 2
ANTI-COMPETITIVE AGREEMENTS
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Article 5. |
Anti-competitive agreements and prohibition thereof |
1. Within the meaning of this Law, anti-competitive agreements shall be deemed to be transactions concluded between economic entities, their oral or written agreements, directly or indirectly co-ordinated actions or conduct, decisions adopted by unions of economic entities (hereinafter referred to as “agreements”), which lead or may lead to prevention, restriction or blocking of competition, except for the cases provided for by part 9 of this Article.
2. Anti-competitive agreements shall be concluded (reached):
(1) between economic entities operating in the same goods market, that are potential or actual competitors, where the agreement pertains to the given goods market (horizontal agreement);
(2) between economic entities acquiring and selling in the same goods market, that are not competitors, where the agreement pertains to the given goods market (vertical agreement);
(3) between economic entities having certain interrelation or operating in different goods markets, which directly or indirectly lead or may lead to prevention, restriction or blocking of competition, as well as other agreements not provided for by points 1 and 2 of this part (other agreement).
3. Horizontal anti-competitive agreements may particularly pertain to:
(1) distribution or division of the goods market or supply sources according to the volume of sale or acquisition, or assortment of the goods, or groups of sellers or acquirers, or territorial principle or otherwise;
(2) obstructing entry of other economic entities into the goods market or exit from the goods market (restricting entry into the market or exit from the market), or ousting them from the market;
(3) unjustified increase, decrease or maintenance of prices of goods;
(4) agreed direct or indirect setting, change or maintenance of sale or purchase prices, rates, discounts, surplus, privileges or other terms of trade;
(5) restriction of or control over a product, supply, technical development or modernisation, import, trade or investments;
(6) import or unjustified decrease in or termination of production of goods to the detriment of the consumer interests or otherwise creation or maintenance of deficit in a goods market by means of retaining, spoiling or destroying goods;
(7) arrangements with regard to the conditions or results of public procurement or tenders or auctions or falsification (distortion) of the results thereof or unjustified increase, decrease or maintenance of the prices of goods;
(8) an arrangement not to organise commercial activities with certain sellers or acquirers;
(9) offering or applying discriminatory conditions for the same goods;
(10) forcing additional obligations on a party to a contract, including on trade facilities, which are not justified economically or technologically and are unfavourable for the party, or which, in their nature or in terms of fulfilment, are not related to the main subject-matter of the contract;
(11) compelling not to enter into contractual relations, or compelling to terminate or suspend contractual relations with certain sellers or acquirers;
(12) failure to give a permission or access — for a reasonable fee or under reasonable terms — to other economic entity (entities) for using or operating the transmission networks, other distribution networks or other infrastructures belonging to the participant(s) of the anti-competitive agreement, where such economic entities may not objectively obtain a permission or access from other economic entities to operate or use such transmission networks, other distribution networks or other infrastructures and it is not possible to carry out activities in the goods market without it;
(13) other conditions or conduct, which lead or may lead to prevention, restriction or blocking of economic competition.
4. Vertical anti-competitive agreements may particularly pertain to:
(1) setting a resale price for the given goods for the acquiring economic entity, except for setting the maximum resale price for goods;
(2) refusal to acquire goods from a competitor or potential competitor of the selling economic entity, or the quantity, range, price or other conditions of the goods acquired from that economic entity, except for the cases when the acquiring economic entity operates under the trademark or other identification mark of the selling economic entity;
(3) failure to give a permission — for a reasonable fee or under reasonable terms — to other economic entity (entities) for using or operating the transmission networks, other distribution networks or other infrastructures belonging to the participant(s) of the anti-competitive agreement, where such economic entity may not objectively obtain a permission from other economic entities to operate or use such transmission networks, other distribution networks or other infrastructures, and it is not possible to carry out activities in the goods market without it;
(4) other conditions or conduct which lead or may lead to prevention, restriction or blocking of economic competition.
5. In the cases prescribed by points 1-12 of part 3 and points 1-3 of part 4 of this Article, the anti-competitive agreement shall exist regardless of potential or actual consequences.
6. Other anti-competitive agreements may particularly pertain to:
(1) restrictions on sale of goods in terms of territory, price or other characteristics;
(2) unjustified increase, decrease or maintenance of the prices of goods;
(3) refusal to acquire (sell) goods from (to) other economic entities;
(4) offering or applying discriminatory conditions for the same goods;
(5) establishing such a provision in transactions, which is not economically or technologically justified and is not favourable for a party, or which, in its nature or in terms of implementation, is not related to the main subject-matter of the transaction;
(6) compelling not to enter into contractual relations, or compelling to terminate or suspend contractual relations with certain sellers or acquirers;
(7) distribution or division of the goods market or supply sources according to the volume of sale or acquisition, or assortment of the goods, or groups of sellers or acquirers, or territorial principle or otherwise;
(8) obstructing entry of other economic entities into the goods market (restricting their entry into the market), or ousting them from the market;
(9) failure to give a permission — for a reasonable fee or under reasonable terms — to other economic entity for using or operating the transmission networks, other distribution networks or other infrastructures belonging to the participant(s) of the anti-competitive agreement, where such economic entity may not objectively obtain a permission from other economic entities to operate or use such transmission networks, other distribution networks or other infrastructures, and it is not possible to carry out activities in the goods market without it;
(10) forcing terms of membership in professional or other unions or participation in their activities;
(11) other conditions or conduct which lead or may lead to prevention, restriction or blocking of economic competition.
7. An anti-competitive agreement shall be deemed to be proven, where:
(1) there is any factual datum attesting to it (including any written document or other written evidence, video or audio recording), or any other evidence not prohibited by law;
(2) the actions or conduct of economic entities referred to in parts 3, 4 or 6 of this Article attest to it.
8. Concluding (reaching) an anti-competitive agreement shall be prohibited.
9. The following shall not be deemed to be anti-competitive agreements:
(1) vertical or other agreements of economic entities, if the share in the relevant goods market of each of the parties to the agreement in question does not exceed 20 per cent;
(2) agreements concluded by economic entities included in a group of persons, if one of the economic entities has directly or indirectly established control over the other economic entity, and where the economic entities are under the direct or indirect control of one person, except for the agreements concluded by economic entities that perform such types of activities the simultaneous performance whereof by several economic entities included in a group of persons is not permitted by law;
(3) vertical or other agreements, which do not prescribe any restrictions with regard to economic entities necessary for fulfilling the objectives of these agreements and do not create a possibility for prevention, restriction and/or blocking of competition in the relevant goods market and if the economic entities prove that such agreements contribute or may contribute to:
a. improvement of the production (sale) of goods or promotion of technical (economic) progress or increase in the competitiveness of goods produced in the member states of the Eurasian Economic Union in the global goods market;
b. receipt by consumers of the appropriate part of the advantages (benefits) gained as a result of such actions undertaken by the relevant persons.
(Article 5 supplemented by HO-44-N of 4 March 2022).
CHAPTER 3
CO-ORDINATION OF ECONOMIC ACTIVITIES
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Article 6. |
Co-ordination of economic activities |
1. Co-ordination of economic activities shall be deemed to be co-ordination of the actions of economic entities by a natural person, economic entity, state body or an official thereof, which is not included in a group of persons with any of such economic entities and is not engaged in the goods market where the co-ordination of the actions of the economic entities is being performed.
2. It shall be prohibited to carry out co-ordination of economic activities that leads and/or may lead to:
(1) application or maintenance of prices (tariffs), discounts, supplements (additional payments), mark-ups;
(2) increase, decrease in or maintenance of prices during auctions, biddings, procurements or tenders;
(3) division of the goods market according to the territorial principle, volume of sale or acquisition of goods, assortment of sold goods or composition of vendors, buyers or clients;
(4) reduction in or termination of the production of goods;
(5) refusal to conclude contracts with specific vendors, buyers or customers;
(6) setting a resale price of goods, except for cases where the vendor sets for the buyer the maximum price at which the goods may be resold;
(7) the buyer’s obligation not to sell the goods of an economic entity which is a competitor for the vendor. This prohibition shall not extend to the conclusion of agreements reached with regard to organisation by the buyer of sale of goods bearing the trademark or any other identification mark of the vendor or producer;
(8) otherwise prevention, restriction or blocking of competition.
CHAPTER 4
MONOPOLISTIC OR DOMINANT POSITION
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Article 7. |
Monopolistic or dominant position |
1. Within the meaning of this Law, an economic entity shall be deemed to have a monopolistic position in the goods market, if the economic entity has no competitor as a seller or acquirer.
2. An economic entity shall be deemed to have a dominant position in a goods market, if:
(1) it has a market power in the goods market, in particular, if it does not encounter any significant competition as a seller or acquirer and/or based on its financial standing or other qualities has the ability to have a decisive influence on the general conditions of circulation of goods in that goods market and/or oust other economic entities from the goods market and/or obstruct their entry into the goods market; or
(2) in the goods market, as a seller or acquirer it captures at least one third of the given market in terms of sale or acquisition volumes; or
(3) each of the two economic entities having the largest sale or acquisition volumes in a goods market shall be deemed to have a dominant position in the specific goods market, if they jointly capture, as sellers or acquirers, at least one third of the market in terms of sale or acquisition volumes; or
(4) each of the three economic entities having the largest sale or acquisition volumes in a goods market shall be deemed to have a dominant position in the specific goods market, if they jointly capture, as sellers or acquirers, at least two thirds of the market in terms of sale or acquisition volumes.
3. Economic entities shall be deemed to be having a dominant position according to any of the grounds provided for by points 3 or 4 of part 2 of this Article, taking into account the specific aspects of the structure of the goods market concerned, in terms of distribution of the shares of the economic entities operating in that market.
4. An economic entity may not be deemed to have a dominant position upon any of the grounds provided for by points 3 or 4 of part 2 of this Article, if as a seller or acquirer it does not capture more than one tenth of the market in terms of sale or acquisition volumes.
5. The economic entity referred to in this Article may provide evidence excluding the existence of its dominant position in the goods market concerned.
6. The methodology and procedure for determining the monopolistic or dominant position, including the market power of an economic entity shall be prescribed by the Commission.
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Article 8. |
Abuse of monopolistic or dominant position |
1. Abuse of a monopolistic or dominant position (hereinafter referred to as “dominant position”) by economic entities shall be prohibited.
2. Abuse of a dominant position shall be deemed to be the following:
(1) setting or applying unjustified or discriminatory sale or acquisition prices, or directly or indirectly forcing other trade conditions contradicting the legislation;
(2) directly or indirectly forcing or applying conditions contradicting the legislation of the Republic of Armenia, as a result whereof discriminatory conditions are created or may be created;
(3) restricting trade or modernisation of production or restricting investments of another economic entity;
(4) unjustified reduction in or termination of import or production of goods to the detriment of consumer interests, or creation or maintenance of deficit in a goods market by retaining, spoiling or destroying goods or by other means;
(5) establishing or applying discriminatory conditions (including prices) with regard to other economic entities or consumers in other equal conditions;
(6) forcing on a party to a contract or a person wishing to conclude a contract, including trade facilities, economically and/or technologically unjustified conditions not favourable for them or not related to the subject-matter of the contract;
(7) compelling economic entities to re-organise, undergo liquidation or disrupt economic ties;
(8) an action or conduct aimed at obstructing (restricting) entry of another economic entity into the market or ousting it from the market, as a result whereof the other economic entity failed to enter the market or was ousted from the market or incurred additional expenses in order not to be ousted from the market, or as a result whereof the other economic entity might have failed to enter the market or might have been ousted from the market or might have incurred additional expenses in order not to be ousted from the market;
(9) failure to give a permission — for a reasonable fee or under reasonable terms — to other economic entity for using or operating the transmission networks, other distribution networks or other infrastructures belonging to an economic entity having a dominant position, where such economic entities may not objectively obtain a permission from other economic entities to operate or use such transmission networks, other distribution networks or other infrastructures, and it is not possible to carry out activities in the goods market without it;
(10) offering or applying such conditions that create or may create discriminatory conditions, unless similar conditions have been offered to the other economic entities operating in the same goods market;
(11) setting, changing or maintaining sale or acquisition price discounts or privileges, where they lead or may lead to prevention, restriction or blocking of competition;
(12) unjustified increase, decrease or maintenance of the price of goods;
(13) setting and/or applying unjustifiably high or low prices;
(14) refusal or avoidance, for economically and/or technologically unjustified reasons, to conclude a contract with an acquirer of goods or one wishing to acquire goods, provided that it is possible to produce and/or sell these goods;
(15) forcing terms of membership in professional or other unions or participation in their activities;
(16) establishing or applying other conditions or conduct, which lead or may lead to prevention, restriction or blocking of economic competition.
3. In case of abusing the dominant position two or more times in a year, the Commission may adopt a decision on disaggregation (division, separation, alienation of unit shares or means), which shall be subject to enforcement by the economic entity not later than within 6 months following the entry into force of that decision.
4. In case of failure to execute the decision of the Commission on disaggregation of the economic entity, the economic entity shall be subject to compulsory re-organisation through judicial procedure.
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Article 9. |
Unjustifiably high price |
1. A sale or acquisition price set by an economic entity having a dominant position shall be deemed to be an unjustifiably high price, where it is concurrently:
(1) higher than the sum of the expenses made for production and sale of the goods concerned and the profit gained;
(2) higher than the price formed in competitive conditions in a goods market which is comparable in terms of its composition of acquirers or sellers of goods, conditions of circulation of goods, conditions of accessibility of the goods market or state regulation, including tax and customs regulation (hereinafter referred to as "comparable goods market") in case of existence of such a market in the territory of the Republic of Armenia or outside the territory of the Republic of Armenia, except for the cases provided for by this Law.
2. A price of goods shall not be deemed to be unjustifiably high, if:
(1) it has been set within the tariff limits provided for by the legislation of the Republic of Armenia by economic entities operating in a sector of public services;
(2) it has been set as a result of an innovative activity, i.e. such an activity which leads to creation of new non-substitutable goods, or of a new substitute, or is carried out through a new production process, including by applying a new technology;
(3) it has been set for goods that have low consumption, very limited production, peculiarities by price, quality, marketing and other features (branded goods).
3. When determining the unjustifiably high price prescribed by part 1 of this Article, the Commission may, based on the specific aspects of each case, also take into account the exchange and non-exchange price indicators established in the relevant global goods markets.
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Article 10. |
Unjustifiably low price |
1. A sale or acquisition price set by an economic entity having a dominant position, which is less than the sum of the expenses made for production and sale of the goods concerned and the profit gained, as well as less than the price formed in competitive circumstances in a comparable goods market, shall be deemed to be an unjustifiably low price, provided that such a market exists in the territory of the Republic of Armenia or outside the territory of the Republic of Armenia, except for the cases provided for by this Law.
2. A price of goods shall not be deemed to be unjustifiably low, if:
(1) it has been set within the tariff limits provided for by the legislation of the Republic of Armenia by economic entities operating in the sector of provision of public services;
(2) setting of that price has not led or might not have led to prevention, restriction and/or blocking of competition due to reduction in the number of economic entities not considered as a group of persons with the sellers and acquirers of the goods in the goods market.
CHAPTER 5
STRONG NEGOTIATING POSITION
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Article 11. |
Strong negotiating position |
1. An economic entity shall have a strong negotiating position, where:
(1) it may ensure the entry of relevant goods into the sales market due to its significant influence or infrastructure in the relevant sector, and it is not possible for the economic entity having concluded or wishing to conclude a contract with it to sell such goods to the consumers without co-operation with the given economic entity, or the alternative is economically unjustified; or
(2) four or more trade facilities (a trade network) the annual sales revenue whereof exceeds the total sum of AMD 3 billion are (is) under the common management of that economic entity; or
(3) four or more trade facilities (a trade network) the annual sales revenue whereof exceeds the total sum of AMD 3 billion operate under the same trademark or other identification mark owned or used by that economic entity.
1.1. The acquiring economic entity shall have a strong negotiating position in the relations of acquisition of agricultural products produced in the Republic of Armenia, where the amount of revenue of the latter has exceeded the amount of revenue defined by the decision of the Commission in 12 months or in the last financial year preceding the moment of conclusion of the contract on procurement of agricultural products, whereas the amount of revenue of economic entity selling agricultural products has not exceeded the amount of revenue defined by the decision of the Commission in 12 months or in the last financial year preceding the moment of conclusion of the contract on procurement of agricultural products.
1.2. In case of natural persons selling agricultural products, the Commission shall not consider an amount of revenue.
2. The existence of the strong negotiating position prescribed by point 1 of part 1 of this Article shall be determined by taking into account the following:
(1) nature or history of the economic or other relationship between the seller and the acquirer; or
(2) specifics of the sector or the goods being sold; or
(3) the scope of business activities of such economic entities; or
(4) amount of the revenue of such economic entities; or
(5) degree of interdependence of the economic entities selling and acquiring; or
(6) possibility to find an alternative trading partner or other sources of sales or infrastructure, as well as the economic expediency.
(Article 11 supplemented by HO-29-N of 16 January 2024)
(Law HO-29-N of 16 January 2024 has a final part and transitional provisions)
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Article 12. |
Abuse of strong negotiating position |
1. Abuse of a strong negotiating position by economic entities shall be prohibited.
2. Abuse of a strong negotiating position shall be an action or conduct of an economic entity not justified by economic conditions or factors and harms or may harm the interests of a party with a weak position in the negotiations.
3. Abuse of a strong negotiating position shall be considered to be the following:
(1) unjustified refusal to acquire goods;
(2) establishing or applying discriminatory conditions;
(3) unreasonable termination of entrepreneurial relations;
(4) forcing privileges, including discounts, provision of additional services, for which no action is taken by the economic entity with a strong negotiating position;
(5) unilateral and frequent change of the terms of the contract or co-operation without the consent or knowledge of the party to the contract;
(6) levy of unjustified additional fees for the presentation and sale of goods of the sellers in the trade facility;
(7) establishing or applying artificial dissimilar approaches to the prices, the manner of displaying, location of competing goods and other conditions essential for sale in trade facilities belonging to the entity with a strong negotiating position;
(8) forcing on a party to a contract terms that pertain to:
a. prohibition of concluding a contract with another economic entity;
b. provision of information on the contract being concluded with another economic entity;
c. compensation for damages by the economic entity for the spoilage, damage, loss or destruction of the goods supplied and deemed to be the property of the economic entity having a strong negotiating position, except for the case when it has happened by the fault of the economic entity;
d. compensation by the economic entity for expenses that are not related to the performance of the contract on supply of goods or further sale of goods;
e. defining an obligation for the return of goods that have not been sold for a certain period of time, except for the cases when the requirement for the return of goods is prescribed by the legislation of the Republic of Armenia or the contract;
f. selling the goods under the trademark indicated by an entity with a strong negotiating position;
g. prohibition of promotions, including of applying discounts, setting privileges while selling the goods;
(9) forcing the supply without a written contract or other written document confirming the transaction;
(10) forcing other conditions that are deteriorating for the other party to the trade relationship by the economic entity with a strong negotiating position;
(11) default by the economic entity acquiring agricultural products that has a strong negotiating position on the time limit for making payments prescribed by Article 15.14 of the Law "On trade and services", except where the economic entity acquiring agricultural products has defaulted for up to 30 calendar days following the time limit prescribed for payment, by paying in full for the agricultural products and the base interests calculated for each day of the default;
(12) where the economic entity having a strong negotiating position has defaulted for 90 calendar days or longer on a payment to the supplier in the amount of AMD 3 million or more prescribed by the Law ''On trade and services'';
(13) violation of fair trade rules between the trade networks and the suppliers provided for by Chapter 4.4 of the Law ''On trade and services'', which leads or may lead to prevention, restriction, blocking of economic competition, as well as may prejudice the interests of consumers;
(14) other action or conduct which contains the features of part 2 of this Article.
(Article 12 amended by HO-303-N of 7 July 2022, amended, edited, supplemented by HO-29-N of 16 January 2024, edited by HO-205-N of 3 July 2025)
(it is impossible to make the amendment of Article 1 of Law HO-112-N of 3 March 2021 to Article 12, as the Law has already been fully edited by Law HO-92-N of 3 March 2021, as a result whereof the indicated words are missing)
(Law HO-29-N of 16 January 2024 contains a final part and transitional provisions)
(Law HO-205-N of 3 July 2025 contains a final part and transitional provisions)
CHAPTER 6
CONCENTRATION
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Article 13. |
Concept of concentration of economic entities |
1. The following shall be deemed to be concentration of economic entities:
(1) absorption of economic entities registered in the Republic of Armenia;
(2) consolidation of economic entities registered in the Republic of Armenia;
(3) acquisition by an economic entity of the assets of another economic entity registered in the Republic of Armenia, where, as of the moment of filing the declaration of concentration, their value per se or in sum with the value of the assets acquired from the given economic entity within three years preceding the transaction constitutes 20 per cent or more of the assets of the economic entity selling the asset;
(4) acquisition by an economic entity of the unit share of another economic entity registered in the Republic of Armenia, where it per se constitutes at least 20 per cent of the authorised capital (share capital) of such economic entity and where, in sum with the value of the unit share already belonging to the acquirer, constitutes 20 percent or more of the authorised capital (share capital) of such economic entity;
(5) acquisition of the right to use the object of intellectual property, including identification marks, as a result of which the economic entity may have an impact on the competitive situation in a goods market in the Republic of Armenia;
(6) any transaction, action, re-organisation or conduct of economic entities due to which the economic entity may directly or indirectly influence the adoption of decisions or the competitiveness of another economic entity, or may directly or indirectly influence the adoption of decisions or the competitiveness of another person or may have an impact on the competitive situation in a goods market in the Republic of Armenia;
(7) establishment of a legal person in the Republic of Armenia by more than one economic entity, which will act as an independent economic entity.
2. Economic entities re-organised through absorption shall be deemed to be parties to an absorption.
3. Economic entities that are being consolidated shall be deemed to be parties to the consolidation.
4. In case of acquisition of assets, the economic entities selling and acquiring the assets shall be parties to the concentration.
5. In case of acquisition of a unit share, the economic entity acquiring the unit share and the economic entity in the authorised capital (share capital) whereof a unit share is acquired shall be parties to the concentration.
6. In the case of points 5 and 6 of part 1 of this Article, economic entities that are participants of a legal relationship shall be deemed to be parties to the concentration.
7. In the case prescribed by point 7 of part 1 of this Article, founding economic entities shall be deemed to be parties to the concentration.
8. Within the meaning of this Law, concentration shall take place:
(1) in the same goods market (horizontal concentration);
(2) in different goods markets having certain interrelation (vertical concentration);
(3) in different goods markets (mixed concentration).
9. The following shall not be deemed to be concentration:
(1) re-organisations, actions or transactions of economic entities referred to in part 1 of this Article, that take place between economic entities considered as a group of persons, upon the grounds provided for by points 1, 2 and 12 of part 1 of Article 4 of this Law;
(2) transactions on the acquisition of securities listed on stock exchanges, except for over-the-counter trading;
(3) transactions concluded through auctions based on a judicial act;
(4) inheritance acceptance;
(5) acquisition — by an economic entity having at least a 20 per cent unit shares in the authorised capital (share capital) of an economic entity registered in the Republic of Armenia — of a unit share in the authorised capital (share capital) of the same economic entity, where the unit share of the given economic entity does not constitute 50 per cent of the authorised capital (share capital)of that economic entity as a result of the transaction.
(Article 13 edited, supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 14. |
Procedure for informing about re-organisations, actions or transactions carried out within a group of persons |
(Article repealed by HO-205-N of 3 July 2025)
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Article 15. |
Concentration subject to declaration |
1. Concentration of economic entities shall, before being put into effect, be subject to declaration, where:
(1) the total value of the assets of the parties to the concentration or the value of the assets of at least one of the parties has exceeded, at the time of submitting a concentration declaration or during the last financial year preceding it, the assets value prescribed by the Commission decision;
(2) the total amount of the revenues of the parties to the concentration or the amount of the revenues of at least one of the parties has exceeded, during the last financial year preceding the moment of submitting a concentration declaration, the amount of the revenues prescribed by the decision of the Commission;
(3) the total amount of the revenues of the parties to the concentration not having carried out activities during the financial year preceding the year of submitting a concentration declaration or having carried out activities within a period less than 12 months, or the amount of revenues of at least one of the participants calculated for 12 months preceding the moment of submitting a concentration declaration, has exceeded the amount prescribed by the decision of the Commission;
(4) at least one of the participants of the concentration has a dominant position in any goods market in the Republic of Armenia.
2. In case of a group of persons, the calculation of the value (amount) of the assets or revenues provided for by part 1 of this Article shall be based on the sum total of the value (amount) of the assets or revenues of economic entities included in the group of persons.
CHAPTER 7
UNFAIR COMPETITION
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Article 16. |
Unfair competition |
1. Any action or conduct of an economic entity contradicting this Law, other laws, regulatory legal acts or customary business practices, violating the principles of fairness, i.e. integrity, equity, truthfulness and/or impartiality among economic entities, or among economic entities and consumers or acquirers, shall be deemed to be unfair competition.
2. Unfair competition shall be prohibited.
3. The cases provided for by Articles 17-24 of this Law, as well as other actions complying with the features of part 1 of this Article shall be deemed to be unfair competition.
4. The issue of existence of features of offences described in Articles 16-24 of this Law shall be assessed by the Commission.
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Article 17. |
Creating confusion regarding an economic entity or its business |
1. Any action or conduct of an economic entity, which creates or may create confusion regarding another economic entity, its business or goods offered by it, shall be deemed to be unfair competition, including:
(1) use of such a name, sign, symbol, sound or word on goods sold in the territory of the Republic of Armenia or otherwise put into circulation, on their packaging or labels or in other information related to the product or in the names of the Internet domain or in advertisements, which is identical or confusingly similar to a well-known trademark or service mark or trade name of another economic entity protected in the Republic of Armenia or used earlier by that economic entity;
(2) duplication or imitation of a product put into civil circulation by another economic entity, its appearance or packaging, colour combination or other non-functional characteristics;
(3) illegal use of a design identical or confusingly similar to an industrial design of another economic entity protected in the Republic of Armenia;
(4) actions or conduct creating confusion regarding participants of the civil circulation, goods, other identification marks, e.g. business symbol, signs or letters substituting words, slogans, goods or company characteristics (staff outfit, furnishing of trade facility, design of showcases, etc.);
(5) actions or conduct creating confusion with regard to the manner in which goods are introduced, including advertisement, uniform, style of demonstration of goods;
(6) use of names of distinguished persons, popular figures in literature, arts or sports; names, other information, images of other popular persons; full or partial reproduction, copy or otherwise use of works, their titles, texts or images without relevant consent (permission);
(7) use of another identification mark or website design identical or confusingly similar to the identification mark or website design of another economic entity on the Internet or in other global computer telecommunication networks, in any means of addressing, including in domain names.
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Article 18. |
Unfair competition related to the acquisition and exercise of exclusive rights over identifications marks of participants of the civil circulation, goods, works or services |
1. The act or conduct related to the acquisition or exercise of exclusive rights over identification marks of participants of the civil circulation, goods, works or services, aimed at ousting another entity from the goods market, obstructing the entry into the goods market, restricting or hindering the activity of another economic entity or otherwise restricting competition in the goods market shall be deemed to be unfair competition.
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Article 19. |
Unfair competition expressed by use of results of intellectual activity |
1. Production, sale, offer for sale by an economic entity of a product or otherwise putting it into civil circulation through illegal use of the protected result of intellectual activity (without permission of the right holder thereof), where the characteristics of the offences provided for by Articles 17 or 24 of this Law do not exist, shall be deemed to be unfair competition.
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Article 20. |
Defaming an economic entity or its business |
1. Any false, inaccurate, distorted or unjustified statement which defames or may defame an economic entity, its business or goods offered by it, including defamation as regards the goods production or selling process, their suitability for a certain purpose, quality, quantity or other characteristics or offer and delivery conditions or price or price calculation method in the course of measures taken to contribute to the advertising or promotion of goods, shall be deemed to be an unfair competition.
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Article 21. |
Misleading the public |
(Article repealed by HO-205-N of 3 July 2025)
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Article 22. |
Harm caused to reputation and goodwill of an economic entity |
1. Any action or conduct which harms or may harm the reputation or goodwill (intangible assets) of an economic entity, which, as a general rule, may result from impairment of one’s reputation or goodwill associated with the objects provided for by part 1 of Article 17 of this Law, shall be deemed to be unfair competition.
2. Impairment of one’s reputation or goodwill shall also be the diminution of distinguishing features or advertising merits (significance) referred to in part 1 of Article 17 of this Law, particularly by using — for completely different goods — a mark similar or identical to a trademark protected in the Republic of Armenia or having become recognised for certain goods.
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Article 23. |
Making inappropriate comparisons |
1. Making an inappropriate, i.e. inadequate, improper comparison by an economic entity between the goods produced or sold by it and goods produced or sold by other economic entities shall be deemed to be unfair competition.
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Article 24. |
Unfair competition with regard to non-disclosed information |
1. Unfair competition shall be deemed to be any action or conduct which leads to obtainment, use, disclosure or publication of non-disclosed information without the consent of its lawful holder or in manners that contradict customary business practices, including:
(1) industrial, commercial espionage or forcing into such espionage;
(2) breach of a contract related to non-disclosed information or forcing into such breach;
(3) breach of confidentiality or forcing into such breach;
(4) obtainment of non-disclosed information by a third party who was aware or might have been aware that such obtainment implies commission of any action referred to in the preceding points of this part.
CHAPTER 8
STATE SUPPORT
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Article 25. |
State support and prohibition thereof |
1. Within the meaning of this Law, state support shall be deemed to be any support directly or indirectly provided by a body providing state support to an economic entity or a certain group of economic entities, or for certain goods or to a certain field (including subsidy or grant, aid, credit, loan, property, privileges, other financial means or other conditions), due to which such advantages are created for economic entities which the economic entities otherwise would not have in the conditions of economic competition in case of absence of the support granted.
2. State support which directly or indirectly leads or may lead to prevention, restriction or blocking of competition in a goods market, or harms or may harm consumer interests, shall be prohibited, except for the cases when the mentioned support is provided for by law or is aimed at protection of the environment, mitigation of the climate change impact and adaptation thereto, solution of problems of social nature, compensation for damages caused due to natural disasters or other exceptional cases, development of border communities, balanced territorial development, preservation of cultural heritage, fulfilment of obligations provided for by law or an international treaty.
3. The body (organisation) initiating the provision of state support, or the economic entity applying for it shall be entitled to apply to the Commission for authorisation prior to the provision of state support or applying for it.
4. The Commission shall, in the case prescribed by part 3 of this Article or on its own initiative, assess the permissibility of the state support.
5. The economic entity having received prohibited state support shall be obliged to return the individually determined property received as a state support in the manner and within the time limits prescribed by the decision of the Commission. The state support received in another way shall be subject to termination in the manner and within the time limits prescribed by the decision of the Commission.
6. The Commission shall maintain a uniform register for state support, the form and procedure for the maintenance whereof shall be prescribed by the Commission.
7. After providing the state support, the bodies providing state support shall submit information on the state support provided thereby to the Commission. The Central Bank shall not necessarily submit information on the provided state supports to the Commission.
8. The procedure, form and time limits for providing information to the Commission by the bodies having provided state support shall be established by the Government.
CHAPTER 9
ANTI-COMPETITIVE ACTIONS OF STATE BODIES AND OFFICIALS THEREOF
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Article 26. |
Prohibition of anti-competitive actions or conduct of state bodies and their officials |
1. Actions or conduct or acts of state bodies or their officials that lead or may lead to prevention, restriction or blocking of economic competition, as well as harm the consumer interests, shall be prohibited.
2. An action or conduct of a state body or its official preventing, restricting or blocking economic competition shall be deemed to be the following:
(1) establishing and/or applying discriminatory conditions with respect to an economic entity;
(2) restricting or blocking entrepreneurial activities, except for cases provided for by law;
(3) issuing directives, assignments, instructions, recommendations or orders to economic entities in relation to the implementation of their entrepreneurial activities (regarding goods, transactions being concluded or other matters), except for cases provided by law;
(4) envisaging an obligation for acquirers or sellers of goods restricting their right to free choice of goods or counterparties;
(5) agreements with other state bodies or economic entities or their officials, including transactions, arrangements, directly or indirectly co-ordinated actions or conduct, which lead or may lead to prevention, restriction or blocking of competition, as well as may harm the consumer interests.
3. Actions or conduct, provided for by part 1 of this Article, by a state body or its official within the scope of powers thereof, pursuing legitimate purposes, shall not be deemed as anti-competitive, except for the case when another method for achieving that purpose, which is less restrictive for economic competition and not prohibited by law, exists.
4. The state body or its official may, before committing a relevant action, concluding a transaction or adopting a legal act, apply to the Commission for an opinion on the issues of prevention, restriction, blocking of economic competition and/оr harming the consumer interests, as well as other issues related to economic competition or protection of economic competition.
CHAPTER 9.1
(Chapter supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
OFFENCES AGAINST CONSUMER INTERESTS
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Article 26.1 |
Practice violating consumer interests |
1. Any conduct, action or omission of an economic entity, that affects or may affect the interests of an indefinite scope of consumers or a group of consumers and contradicts this Law, other laws and regulatory legal acts or customary business practices or violates the principles of fairness, integrity, equity, truthfulness or impartiality towards consumers shall be considered to be a practice violating consumer interests.
2. The practice violating consumer interests shall be prohibited.
3. Any conduct, action or omission meeting the features of part 1 of this Article shall be considered a practice violating consumer interests, including:
(1) the unfair trade practice provided for by the Law "On protection of consumer rights";
(2) advertisement contradicting the law, including unfair or illegal ones, or those done in violation of accuracy or expediency;
(3) violation of the requirements for contracts of adhesion concluded with consumers or for the general conditions of the contract;
(4) violation of the requirements for the quality, quantity and other characteristics of the goods;
(5) violation of the rules of submission presenting the price of goods, prescribed the Law "On trade and services".
4. The issue of existence of elements of a practice violating consumer interests shall be assessed by the Commission.
5. This Article shall not extend to the conduct, action or omission as a result of which harm may be caused to the life, health, safety of consumers, public or state security or the environment.
6. The concepts prescribed by point 2 of part 3 of this Article shall be applied within the meaning of the Law "On advertising".
CHAPTER 10
COMMISSION FOR PROTECTION OF COMPETITION AND CONSUMER INTERESTS
(Title supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 27. |
Status of the Commission and functions thereof |
1. The Commission shall be an autonomous body which shall ensure the freedom of economic activity, free economic competition, fair competition and the necessary environment for entrepreneurship development, and shall carry out protection of consumer interests.
2. The Commission shall be the central body carrying out the protection of consumer interests.
3. As the central body carrying out the protection of consumer interests, the Commission shall:
(1) co-operate, within the competences thereof, based on international treaties of the Republic of Armenia and documents regulating the sectoral co-operation, with international organisations operating for the purpose of protection of consumer interests;
(2) co-operate, within the competences thereof, with bodies of foreign states carrying out protection of consumer interests, within the scope whereof it shall be competent to receive information from them and provide it thereto as prescribed;
(3) co-operate with other competent bodies.
(Article 27 edited by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 28. |
Composition of the Commission and requirements for members thereof |
1. The Commission shall be composed of seven members: a Chairperson and six members.
2. Positions of members of the Commission shall be autonomous positions.
3. Only a person who is a citizen of the Republic of Armenia, has higher education and command of Armenian, has at least five years of work experience, of which at least three years in political, autonomous, administrative or discretionary positions, or in other positions involving organisational, management, supervision or co-ordination functions (regardless of performing works in the public or private sector) may be appointed as a member of the Commission.
4. At least one of the members of the Commission must have higher education in law and at least one in economics.
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Article 29. |
Procedure for formation of the Commission |
1. The Chairperson of the Commission and other members thereof shall be appointed by the National Assembly as prescribed by the Constitutional Law “Rules of Procedure of the National Assembly”.
2. The same person may be appointed as Chairperson of the Commission or, for a term of powers of five years, as a member of the Commission, for not more than two consecutive terms.
3. A person may not be appointed as a member of the Commission, if he or she:
(1) does not comply with the requirements prescribed by part 3 of Article 28 of this Law;
(2) has attained the age of 65;
(3) has been declared as having no or limited active legal capacity by a civil judgement of the court having entered into legal force;
(4) has been convicted for an intentionally committed crime by a criminal judgment of the court having entered into legal force;
(5) has been deprived of the right to hold a certain position as prescribed by law;
(6) has an illness provided for by the list established by the Government preventing from being appointed as a judge.
4. The right to nominate a candidate for the position of the Chairperson of the Commission shall be reserved to the Government. The right to nominate a candidate for the positions of the other members of the Commission shall be reserved to the Government, ruling faction of the National Assembly and the opposition faction of the National Assembly, successively.
5. The candidate for the positions of the Chairperson or a member of the Commission shall be nominated within a period of one month after being informed of it, as prescribed by part 7 of Article 35 of this Law, as well as after the National Assembly fails to adopt a decision on appointing a Chairperson or a member of the Commission. Where no candidate is nominated by the Government or the ruling faction of the National Assembly for the position of the member of the Commission within the time limits prescribed, the same body shall nominate a candidate for that position within a period of one month. Where no candidate is nominated by the opposition faction of the National Assembly for the position of the member of the Commission within the time limit prescribed, the ruling faction of the National Assembly shall nominate a candidate for that position within a period of one month.
6. The appointment of the Chairperson or a member of the Commission shall be made within a period of one month after the expiry of the time limit prescribed for nominating a candidate for that position. Where the decision of the National Assembly on appointing a member of the Commission is not adopted, the right to nominate a candidate for that position by the same body shall be retained.
(Article 29 amended by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 30. |
Term of office of a member of the Commission |
1. The Chairperson and other members of the Commission shall be appointed for a term of five years, except for the case provided for by part 3 of this Article.
2. In case of appointment to the position of a member of the Commission before the position becomes vacant, the term of office of the member of the Commission shall start from the day when that position becomes vacant.
3. In case of early termination or termination of powers of a member of the Commission, a new member of the Commission shall be appointed for the remaining period of the unexpired term of office of the previous member. Where the remaining term of office is less than one year, the term of office of the new member of the Commission shall be defined five years, plus the remaining period. In case the position of a member of the Commission has become vacant due to appointment of the member holding that position to the position of the Chairperson of the Commission, the new member of the Commission shall be appointed to that vacant position for the remaining period of the term of office of the Chairperson of the Commission. Where the unexpired term of office of the Chairperson of the Commission is less than one year, the term of office of the member of the Commission shall be defined five years, plus the remaining period.
4. If one of the members of the Commission is appointed as Chairperson of the Commission, he or she shall hold office until the expiry of his or her term of office as a member of the Commission. Where the remaining term of office is less than one year, the term of office of the Chairperson of the Commission shall be prescribed five years, plus the remaining period.
5. A member of the Commission shall serve in office until attaining the age of 65.
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Article 31. |
Guarantees for activities of a member of the Commission |
1. A member of the Commission shall be independent and act in accordance with the Constitution and laws.
2. Remuneration for a member of the Commission shall be prescribed in compliance with his or her high status and responsibility.
3. A member of the Commission may not be held liable for an opinion expressed or a decision rendered while exercising his or her powers, except for the cases when there are elements of crime in his or her act.
4. A member of the Commission may not give an explanation or be interrogated during the term of exercising his or her powers and after it in connection with the administrative proceedings conducted by the Commission during his or her term of office, except for the case of investigation of an incident of errors and abuses committed during the proceedings concerned.
5. Criminal prosecution against a member of the Commission with respect to the exercise of his or her powers may be instituted, or a member of the Commission may be deprived of liberty based on the motion of the Prosecutor General only upon the consent of the Commission, by at least two thirds of the votes of the total number of members of the Commission. A member of the Commission may be deprived of liberty without the consent of the Commission, when he or she has been caught at the moment of committing a criminal offence or immediately thereafter. In this case, deprivation of liberty may not last more than seventy-two hours. The Chairperson of the Commission shall be immediately notified of the deprivation of liberty of a member of the Commission.
6. A member of the Commission and his or her family members shall be under the special protection of the State. In case of an unlawful influence on a member of the Commission, his or her family members, the residential and working premises occupied thereby, and other property, or a threat thereof, the member of the Commission shall report to the competent state bodies. The competent state bodies shall, based on the application of the member of the Commission, be obliged to take necessary measures to ensure the security of the member of the Commission, his or her family members, the residential and working premises occupied thereby, and other property.
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Article 32. |
Incompatibility requirements for a member of the Commission |
1. A member of the Commission may not be engaged in entrepreneurial activities, hold any position in state bodies not conditioned by his or her status, any position in commercial organisations, be a member of any political party or perform other paid work, except for scientific, educational or creative work.
2. A member of the Commission shall show political restraint and neutrality in his or her public speeches.
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Article 33. |
Chairperson of the Commission |
1. The Chairperson of the Commission shall:
(1) within the scope of his or her competence, represent the Commission in the Republic of Armenia, other states, international and other organisations, co-operate with state bodies of the Republic of Armenia, foreign states, as well as with international and other organisations, including by concluding memorandums and other non-binding legal documents;
(2) manage and co-ordinate the regular activities of the Commission, give assignments to employees appointed by him or her for this purpose, perform distribution of work duties among the members of the Commission;
(3) convene and preside over the sittings of the Commission, and approve the agenda of the sitting;
(4) sign the decisions and opinions of the Commission;
(5) organise the execution of the decisions of the Commission addressed to the Commission;
(6) approve the staff list of the Commission, act as the representative of the employer for the members of the Commission and employees appointed by him or her, hire and dismiss employees of the Commission within the scope of his or her competences, act on behalf of the Commission in the court, issue letters of authorisation to act on behalf of the Commission, adopt orders, including orders on conducting an inspection, test purchase, external surveillance, monitoring or survey, exercise other powers vested in him or her by law;
(7) establish a public council adjunct to the Commission, and approve the procedure for its establishment and activities.
2. In case of leave or secondment, the Chairperson of the Commission shall appoint one of the members of the Commission as a substitute thereof. In case of failure to appoint a substitute, as well as in cases of temporary incapacity for work, discontinuation, termination or suspension of powers of the Chairperson of the Commission, the eldest member of the Commission shall substitute the Chairperson of the Commission.
(Article 33 edited by HO-29-N of 16 January 2024)
(Law HO-29-N of 16 January 2024 has a final part and transitional provisions)
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Article 34. |
Member of the Commission |
1. A member of the Commission shall:
(1) participate in the sittings of the Commission and vote, may have speeches, come up with questions and recommendations during the sitting of the Commission;
(2) submit a special opinion in case of having an opinion differing from the opinion of the majority;
(3) co-ordinate, within the scope of his or her co-ordination powers, activities of the structural sub-division or the works performed thereby, give assignments and exercise control over the execution thereof, and ensure the implementation of the assignments of the Chairperson of the Commission;
(4) convene consultations, organise discussions, co-operate with other bodies and organisations within the scope of his or her co-ordination powers;
(5) sign official documents on behalf of the Commission, mark decisions and other documents of the Commission within the scope of his or her co-ordination powers;
(6) submit recommendations to the Commission and Chairperson of the Commission;
(7) exercise other powers provided for by law.
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Article 35. |
Automatic termination, imposed termination and suspension of powers of a member of the Commission |
1. Powers of a member of the Commission shall automatically terminate, where:
(1) he or she has attained the age of holding the office;
(2) his or her term of powers has expired;
(3) he or she has lost citizenship of the Republic of Armenia or has acquired citizenship of another state;
(4) he or she has resigned as prescribed by the Constitutional Law “Rules of Procedure of the National Assembly”;
(5) he or she has been declared as having no active legal capacity, having limited active legal capacity, missing or dead upon a civil judgment of the court having entered into legal force;
(6) a criminal judgment of conviction has been rendered against him or her, which has entered into legal force;
(7) he or she has died;
(8) he or she has been deprived of the right to hold a certain position as prescribed by law.
2. Powers of a member of the Commission shall be terminated imposingly based on the opinion submitted by the Commission, as prescribed by the Constitutional Law “Rules of Procedure of the National Assembly”, where:
(1) he or she has acquired, during the term of office, an illness, provided for by the list established by the Government, preventing from being appointed as a judge;
(2) he or she has been absent from at least half of the sittings of the Commission due to long-term incapacity or other good reason within one year;
(3) he or she has not attended the sittings of the Commission more than twice within one year without a good reason;
(4) he or she has violated the incompatibility requirements for a member of the Commission;
(5) he or she has regularly failed to perform his or her official duties or has performed them improperly;
(6) it has been revealed during the term of office that, at the moment of appointment, he or she did not comply with the requirements for a member of the Commission, or there were grounds hindering the appointment.
3. The powers of the Chairperson of the Commission shall automatically terminate, where his or her powers as a member of the Commission have been automatically terminated or have been terminated imposingly.
4. The Chairperson of the Commission or the member of the Commission substituting him or her as prescribed shall forward the opinion provided for by part 2 of this Article to the Chairperson of the National Assembly within three days following its adoption.
5. The powers of the member of the Commission shall be suspended in case of adoption of the opinion provided for by part 2 of this Article.
6. When submitting a letter of resignation to the National Assembly, the member of the Commission shall immediately inform thereof the Chairperson of the Commission, as well as the body upon the recommendation whereof he or she has been appointed as a member of the Commission.
7. Not earlier than three months and not later than two months before the expiry of the term of office of the member of the Commission, and within a period of three days following the day when a vacant position of member of the Commission opens up upon another ground, the Chairperson of the Commission or the member of the Commission substituting him or her as prescribed shall inform thereof the Chairperson of the National Assembly, as well as the body having the competence to nominate a candidate for that position, by concurrently submitting the requirements necessary for the candidate, prescribed by parts 3 and 4 of Article 28 of this Law.
CHAPTER 11
GENERAL RULES OF ACTIVITIES OF THE COMMISSION FOR THE PROTECTION OF COMPETITION AND CONSUMER INTERESTS
(Title supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 36. |
Activities of the Commission |
1. The Commission shall carry out its activities in accordance with the Constitution, this Law and other legal acts, and shall be independent while exercising its functions and powers.
2. The details of the procedures for exercising the functions and powers of the Commission shall be established by the Operations Procedure of the Commission.
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Article 37. |
Powers of the Commission |
1. The Commission shall:
(1) exercise supervision over the compliance with the legislation on protection of economic competition and consumer interests;
(2) implement measures preventing violations of the legislation on protection of economic competition and consumer interests, including:
a. approve consultative guidelines, other documents related to economic competition and consumer interests;
b. inform the public about issues related to economic competition and consumer interests;
c. provide clarifications on issues related to application of the legislation on protection of economic competition and consumer interests;
d. in the cases provided for by this Law, adopt an opinion on actions, transactions and draft legal acts of economic entities, state bodies or their officials;
e. issue a warning to economic entities, state bodies or their officials;
(3) institute proceedings for offences in the field of economic competition and those against consumer interests and subject economic entities, state bodies and their officials to liability for violating this Law, by assigning to correct the violation within the time limits prescribed thereby and exclude it in the future;
(3.1) make a decision on applying an interim measure;
(4) exercise supervision over the execution of (compliance with) the decision of the Commission;
(5) conduct a sectoral study;
(6) apply to the superior of a state body or its official with a motion to terminate the actions or conduct contradicting this Law, and in case of not having a superior — to the state body or its official;
(7) apply to the court with the request to declare the acts, actions and omission of state bodies and their officials violating the legislation on protection of economic competition as unlawful or invalid, to cancel them or refrain from them, if it is not possible to resolve that dispute through administrative procedure;
(8) apply to the court with the requests for liquidation, enforced re-organisation of the economic entity, as well as declaring the transactions concluded between the economic entities in violation of this Law as invalid;
(9) in the cases prescribed by law, apply to the bodies carrying out operational intelligence activity in order to receive assistance in the prevention or detection of offences in the field of economic competition;
(10) in case of existence of administrative proceedings instituted against a legal person and pending, as well as unfulfilled obligations established by the Commission, apply to the body carrying out state registration of legal persons in order to prohibit the liquidation or redomiciliation of the given legal person by the Commission;
(11) summarise the experience in applying the legislation on protection of economic competition and consumer interests and submit recommendations on its improvement;
(12) participate in the development of legal acts regulating the state policy in the field of protection of economic competition and consumer interests and submit recommendations to the authorised bodies on legislative amendments;
(13) approve its Operations Procedure;
(14) prescribe the methodology and procedure for determining the monopolistic or dominant position of an economic entity;
(15) prescribe the procedure for determining goods markets;
(16) (point repealed by HO-205-N of 3 July 2025)
(17) prescribe the amounts of assets and revenues of participants of the concentration subject to declaration, procedure for declaration of concentration and the declaration form;
(18) prescribe the procedure for video-recording and photographing the process of inspection, test purchase, survey, external surveillance and monitoring;
(19) prescribe the form of records on the results of the surveys and test purchases;
(20) prescribe the procedure for disposing of goods acquired as a result of test purchases;
(21) prescribe the methodology for choosing a measure of liability and calculation of the fine;
(22) prescribe the procedure for submitting and considering applications for exempting the economic entity party to the anti-competitive agreement from imposing a measure of liability;
(23) prescribe the procedure for reducing the amount of fine imposed on the economic entity party to the anti-competitive agreement;
(24) prescribe the procedure and conditions for submitting documents to the Commission, classifying cases according to the types, maintaining cases on administrative proceedings, registers for record-registration thereof and registers for record-registration of administrative acts, as well as other rules of record-keeping of the Commission;
(25) prescribe the procedure for submitting the report subject to encryption and the procedure for encrypting it;
(26) prescribe the procedure for accreditation of journalists in the Commission;
(27) prescribe the procedure for monitoring the legislation on protection of economic competition and summary of its results;
(28) prescribe the procedure for determining the confusingly similar identification marks of goods and services within the scope of proceedings instituted by the Commission;
(29) prescribe the procedure for determining the unjustifiably high price and unjustifiably low price;
(30) prescribe the procedure for assessment of state support;
(31) prescribe the form of the uniform register on state support and the procedure for maintenance thereof;
(32) make a decision on concluding a conciliation agreement;
(33) carry out separate procedural activities defined by the contract of the Eurasian Economic Union based on a substantiated motion of the Eurasian Economic Commission;
(34) define the amount of revenue necessary for an acquirer and a seller having a strong negotiating position in the relations of acquirement of agricultural products in the Republic of Armenia;
(35) exercise other powers provided for by law.
2. When defining regulatory norms, the Commission shall adopt secondary regulatory legal acts while exercising its powers provided for by points 13-31 and 34 of part 1 of this Article, as well as other powers.
(Article 37 amended, supplemented, edited by HO-44-N of 4 March 2022, edited, supplemented by HO-29-N of 16 January 2024, supplemented, amended, edited by HO-205-N of 3 July 2025)
(Law HO-29-N of 16 January 2024 has a final part and transitional provisions)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 38. |
Decisions and opinions of the Commission |
1. The Commission shall adopt decisions and opinions.
2. Decisions and opinions of the Commission shall be adopted in writing, except for the cases of consideration of procedural issues or failure to render a decision on the merits (including decision on convocation of a closed sitting, removal of an issue from consideration, postponement of consideration, inclusion of an additional issue in the agenda, giving an assignment to employees, removing from sittings, etc.). At the discretion of the Commission, those decisions may also be laid down in writing.
3. The Commission may, upon its own initiative, upon the motion of the state body or based on the application of natural or legal persons, clarify upon a decision its decisions and opinions, correct any misspellings, miscalculations and misprints existing therein without changing their content.
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Article 39. |
Sittings, considerations of the Commission and the procedure for holding them |
1. Decisions and opinions of the Commission shall be adopted at the sitting.
2. Sittings of the Commission shall be convened at certain periodicity or, at the request of any of the members of the Commission, ad hoc, as well as in other cases provided for by the Operations Procedure of the Commission.
3. The sitting of the Commission shall be held in the location of the Commission or in another place at the initiative of the Chairperson of the Commission—.
4. The sitting of the Commission shall be presided over by the Chairperson of the Commission, and in case of his or her absence — the member substituting him or her.
5. The sitting of the Commission shall have quorum, where it is attended by at least four members.
6. A member of the Commission may participate in the sitting via audio and video communication, in real-time, upon consent of the person presiding over the sitting of the Commission.
7. The Commission shall examine issues in an open sitting, except when the Commission has rendered a decision on holding the sitting or a separate part thereof behind closed doors to protect the interests of stakeholders, including commercial secret, as well as state security, public order or morality.
8. The issue concerning the examination of an issue or a part thereof in a closed sitting shall be examined behind closed doors.
9. In case a decision on examining the issue or a part thereof in a closed sitting is rendered, the scope of persons eligible for participation in the sitting or a separate part thereof shall be determined by the person presiding over the sitting.
10. Persons present at the open sitting shall have the right to take notes, short-hand notes and make audio recordings. Filming, photographing and video recording, as well as broadcasting by the radio, television or other telecommunication means during the sitting shall be carried out upon the permission of the presiding person.
11. Participation in the sitting of the Commission shall be possible via audio-visual telecommunication means, the procedure for the application of which shall be prescribed by the Operations Procedure of the Commission.
12. Where any of the persons present at the sitting violates the procedure for the sitting or shows disrespectful attitude towards the Commission or other persons, the Commission may render a decision on removing him or her from the place the sitting is held and continuing the sitting in his or her absence.
13. Minutes of sittings of the Commission shall be taken in a written summary, and in case of availability of relevant technical capacities — through audio recording or video recording. Brief information on the place, time, participants, agenda, speeches and voting results of the sitting shall be indicated in the written minutes. The written minutes shall be signed by the members of the Commission present at the sitting.
14. The cases and procedure for holding considerations outside sittings, with the participation of the Commission, employees of the Commission, as well as other persons, where necessary, shall be prescribed by the Operations Procedure of the Commission.
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Article 40. |
Impossibility of participation of a member of the Commission in the consideration of and voting on an issue |
1. A member of the Commission may not participate in the consideration of and voting on an issue, where any of the grounds for recusal prescribed by the Law "On fundamentals of administration and administrative proceedings" exists.
2. A member of the Commission shall be obliged to recuse himself or herself in writing or verbally immediately upon becoming aware of the ground for self-recusal, stating the circumstances serving as a ground for self-recusal.
3. A member of the Commission may make the issue of recusal of another member of the Commission a subject of consideration.
4. The person presiding over the sitting of the Commission shall submit the issue of self-recusal or recusal for consideration, which shall be discussed with the participation of the member of the Commission having recused himself or herself or whose recusal is being sought.
5. The Commission shall render a decision after consideration of the issue. The member of the Commission having recused himself or herself or the member whose recusal is being sought, as well as the member having sought recusal shall not participate in the voting on self-recusal or recusal.
6. Where self-recusal or recusal is accepted, the member in question shall not participate in the examination of and voting on the issue with regard whereto a ground for self-recusal or recusal exists.
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Article 41. |
Procedure for adopting and signing decisions and opinions of the Commission |
1. Decisions and opinions shall be adopted at the sittings of the Commission by a majority of votes of the members participating in the sitting. In the event of a tie, the person presiding over the sitting shall have the casting vote.
2. Refraining from voting or transfer of one’s vote to another member shall not be permitted.
3. In case a member of the Commission has a different opinion on the reasoning or concluding part of the decision or opinion of the Commission, he or she shall submit a written special opinion within one day. The special opinion of the member of the Commission shall be signed and attached to the relevant decision or opinion.
4. The decision and opinion adopted by the Commission shall be signed by the Chairperson of the Commission within one day.
5. The decision or opinion adopted by the Commission, which has been adopted by submitting certain comments and recommendations, shall be revised in compliance therewith and signed by the Chairperson of the Commission within five days.
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Article 42. |
Informing about adoption of decisions and opinions of the Commission and entry into force thereof |
1. Decisions and opinions of the Commission shall be sent to the addressee within a period of three days following the day of being signed. The decisions, opinions of the Commission and special opinions of members of the Commission shall be published on the official website of the Commission, except for the parts containing state or other secret protected by law.
2. Decisions of the Commission shall enter into force from the moment of adoption, except for administrative acts and secondary regulatory legal acts adopted by the Commission, as well as except for the case when the Commission has prescribed a later time limit for the entry into force of the decision.
3. Opinions of the Commission shall enter into force from the moment of adoption.
(Article 42 amended by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 43. |
Obligation of state bodies and economic entities in providing information to the Commission |
1. Based on a letter of the Chairperson of the Commission or a decision of the Commission or a requirement prescribed by legislation, state bodies, as well as officials thereof shall be obliged to submit, within the time limit prescribed, documents, materials and other information necessary for the Commission to exercise its powers, except for information containing statistical, bank, insurance, pension and medical secret.
2. Based on a letter of the Chairperson of the Commission or a decision of the Commission or a requirement prescribed by legislation, economic entities shall be obliged to submit, within the time limit prescribed, documents, materials and other information necessary for the Commission to exercise its powers prescribed by law, except for information containing bank, insurance, pension and medical secret.
3. When requesting necessary documents, materials and other information by a letter of the Chairperson of the Commission or a decision of the Commission, the Commission shall inform the economic entity on the time limits for their submission, as well as on the legal consequences of the failure to submit the necessary documents, materials and other information within the time limit prescribed or of submitting inaccurate, incomplete or misleading information.
4. Based on the substantiated motion of an economic entity, the time limit for submitting the information prescribed by a letter of the Chairperson of the Commission or a decision of the Commission may be extended by a letter of the Chairperson of the Commission or a decision of the Commission, respectively, and the information shall be subject to submission within that time limit.
5. Where any economic entity fails to submit the necessary documents, materials and other information within the time limit prescribed, the economic entity shall not be exempted from the obligation to submit documents, materials and other information or from the liability prescribed for failure to submit them within the time limit prescribed in case a decision is rendered by the Commission based on the documents, materials and other information at the disposal thereof.
6. An economic entity may challenge the lawfulness of requesting — by the Commission — documents, materials and other information only in case it is not provided, within the framework of challenging the decision on imposing a sanction by the Commission.
7. The Commission may receive and use, while exercising its powers, the information obtained from the public electronic platforms through special technical and software channels.
(Article 43 amended, supplemented by HO-44-N of 4 March 2022, amended by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 44. |
Keeping a secret protected by law by the Commission |
1. Information constituting commercial, bank, official or other secret protected by law, which has been obtained while exercising the powers provided for by this Law, shall be kept by the Commission as prescribed by law.
2. Members and employees of the Commission shall not have the right to disclose or otherwise disseminate, as well as use for any purpose beyond their official powers or by abuse thereof, any secret information obtained during the performance of their official duties.
3. In case of disclosure of information referred to in part 1 of this Article, the damage caused to an economic entity shall be compensated by the Republic of Armenia as prescribed by the legislation.
4. The Commission shall prescribe the procedure for dealing with information constituting a secret by members and employees of the Commission.
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Article 45. |
Procedure for sending (handing over) decisions, notifications or other documents of the Commission |
1. Decisions, notifications or other documents of the Commission (hereinafter also referred to as "correspondence") shall be sent by postal delivery or courier communication service or shall be handed over in person, and in the cases provided for by this Article they shall be sent to the electronic mail address or by other communication means.
2. Correspondence shall be sent by postal delivery to the address indicated by the addressee (notification address), and in case no address is indicated — to the address of place of record-registration (location) of the addressee.
3. In case the correspondence is delivered in person, it shall be handed over to the addressee or his or her representative.
4. Correspondence shall be sent to state bodies, legal persons and individual entrepreneurs via an electronic document circulation system, and in case of absence thereof — to the address of their official electronic mail, unless they have provided another electronic mail address. The correspondence shall be sent to an addressee that is not a state body, a legal person and an individual entrepreneur via electronic mail or other communication means, where the addressee has filed a motion for it.
5. In case of impossibility to send the correspondence via electronic mail or other communication means in the cases provided for by part 4 of this Article, it shall be sent via postal delivery or handed over in person.
6. In case of sending the correspondence via postal delivery, the evidence on sending to the addressee shall be attached to the relevant file of the Commission, whereas in case of sending it via registered mail — the evidence on receipt by the addressee as well.
7. In case the correspondence is handed over in person, the document confirming that it has been handed over shall be attached to the relevant file of the Commission.
8. In case of sending the correspondence to the electronic mail address, the electronic confirmation on receiving the correspondence shall be attached to the relevant file of the Commission, and in case of sending it by use of other communication means — evidence (protocol, telephone message, recording, etc.) confirming the fact of sending (communicating) it.
9. In case the correspondence is sent to the electronic mail address or via the electronic document circulation system, the addressee shall receive the text of the correspondence or the relevant electronic link via which the correspondence may become available to the addressee.
10. The addressee shall be obliged to promptly inform the Commission about the change of the address thereof, including the electronic mail address or other communication means. In case of absence of such communication, the correspondence shall be sent to the address whereto or via the communication means whereby the delivery of the correspondence has been made and shall be deemed to be duly delivered by virtue of being sent to the latest known address of the addressee.
11. In case the addressee refuses to receive the correspondence sent by postal delivery or sign the document certifying the receipt of the correspondence, or the correspondence sent by the Commission via registered mail is returned for any reason, the correspondence shall be deemed to be duly delivered to the addressee on the third day following the day on which the Commission publishes on http://www.azdarar.am and on its official website the last of announcements on availability of correspondence addressed to the addressee and on possibility to get familiarised with its content.
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Article 46. |
Procedure for organising activities of the Commission |
1. The Commission shall organise its work through persons directly accountable to the members of the Commission, employees of main and supporting structural sub-divisions and other employees of the Commission.
2. Internal regulatory issues related to the organisation of work activities of the Commission shall be regulated by decisions of the Commission which shall be for official use and shall not be subject to publication on the official website of the Commission.
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Article 47. |
Financing of the Commission |
1. The financing of the Commission shall be carried out from the State Budget funds.
2. The financing of the Commission must be carried out in such a way as to ensure the normal operation of the Commission, including the representation in international organisations.
3. The Chairperson of the Commission shall, within the time limit prescribed by the Law “On the budgetary system”, submit the estimate of expenditures of the Commission (budget request) to the Government to be included in the draft State Budget.
4. The initial budget request, if accepted by the Government, or the amended budget request, if there were objections to the initial request, shall be included in the draft State Budget of the Republic of Armenia, along with which the request shall also be submitted to the National Assembly.
5. The Government shall also submit to the National Assembly its rationale for the amendments made to the budget request.
6. Remuneration for the Chairperson, other members and employees of the Commission shall be carried out in compliance with the Law "On remuneration for persons holding state positions and state service positions".
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Article 48. |
Publicity of activities of the Commission |
1. The Commission shall ensure the publicity and transparency of its activities through mass media, the official website and other means.
1.1. Each year, by 1 May, the Chairperson of the Commission shall submit a communication to the National Assembly on the activities of the Commission for the previous year. The communication shall include information on the activities carried out by the Commission, statistical data, comparative analyses and conclusions. The communication shall be discussed at the National Assembly in the presence of the Chairperson of the Commission as prescribed by part 3 of Article 126 of the Constitutional Law ''Rules of Procedure of the National Assembly''.
2. Each year, by 1 May, the Commission shall publish a report on its activities for the previous year, which shall at least contain summary information on the activities of the Commission, the analysis of the goods markets, the implemented measures aimed at the protection of and supervision over economic competition, on the process of implementation of the proposals aimed at the improvement of the competitive situation, and on the financial report on its activities.
3. The report on the activities of the Commission for the previous year shall be approved by the decision of the Commission.
(Article 48 supplemented by HO-485-N of 4 December 2024)
CHAPTER 12
CONDUCTING INSPECTION, TEST PURCHASE, SURVEY, EXTERNAL SURVEILLANCE AND MONITORING
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Article 49. |
Conducting inspection by the Commission |
1. The Commission shall — for the purpose of determining the reliability of the information submitted by an economic entity, revealing the actual business conducted by an economic entity or exercising supervision over the execution of a decision of the Commission — conduct inspections based on the order of the Chairperson of the Commission, as prescribed by the Law "On organising and conducting inspections in the Republic of Armenia", taking into account the specifics established by this Law.
2. The order of the Chairperson of the Commission on conducting an inspection shall enter into force from the moment of signing thereof.
3. When conducting an inspection, the Commission shall have the right to receive the support of other state bodies, engage employees of those bodies in the inspection, as well as engage relevant specialists, experts and translators for clarification of certain matters at any stage of inspection.
4. A record in the form prescribed by the Commission shall be drawn up in two copies based on the results of the inspection. Photographs, documents, electronic media and/or other materials may be attached to the inspection record, whereon a relevant note shall be made in the record. The record shall be signed by the person conducting inspection and the economic entity, the employee selling goods, providing services and/or making cash settlement on behalf of the economic entity, or another representative of the economic entity. In case of having an objection to the results of the inspection, the person signing the record shall make a note thereon in the record. One copy of the record shall be handed over to the economic entity.
(Article 49 supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 50. |
Conducting test purchase by the Commission |
1. Test purchase shall be considered to be the purchase made by the Commission for identifying the price, quality, quantity, other characteristics of goods, exercising supervision over the execution of a decision of the Commission, determining the reliability of the information submitted by an economic entity, disclosing information on the competitive situation in goods markets, revealing the actual actions or conduct of the economic entity.
2. The following shall serve as a ground for conducting a test purchase:
(1) a report of the relevant employee of the Commission on conducting test purchase, addressed to the Chairperson of the Commission;
(2) information received from a third party as prescribed.
3. The test purchase shall be conducted based on the order of the Chairperson of the Commission. The order shall indicate the full name of the Commission, the full name(s) of the economic entity (entities), grounds for, objective of, time limits, the place(s) for making a test purchase or the website where the test purchase is to be conducted, and the data (name, surname, position) of the official(s) of the Commission conducting the test purchase. In case the test purchase is conducted by another person not considered as an employee of the Commission (upon the written consent of the person), the order shall indicate the data of that person (in case of a representative of a state body — name, surname, position thereof, in case of a natural person — name, surname, passport data, in case of a legal person — name, taxpayer identification number, location).
4. The order of the Chairperson of the Commission on conducting test purchase shall enter into force from the moment of signing thereof.
5. After conducting a test purchase, the carbon copy of the order on conducting test purchase shall be handed over to the economic entity, the employee selling goods, providing services and/or making cash settlement on behalf of the economic entity or to another representative of the economic entity.
6. A record in the form prescribed by the Commission shall be drawn up in two copies based on the results of the test purchase. Photographs, documents, electronic media and/or other materials may be attached to the test purchase record, whereon a relevant note shall be made in the record. The record shall be signed by the person making test purchase and the employee selling, delivering or handing over goods, providing services and/or making cash settlement on behalf of the economic entity. In case of having an objection to the results of the test purchase, the person signing the record shall make a note thereon in the record. One copy of the record shall be handed over to the economic entity.
7. Test purchases conducted by the Commission shall be financed at the expense of funds envisaged by the State Budget for the Commission, and the procedure for disposing of goods acquired as a result of test purchases shall be approved by the Commission.
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Article 51. |
Conducting survey by the Commission |
1. Survey shall be considered to be the observation conducted by the Commission at the actual place of business (including in the trade facility) of an economic entity, without making a purchase, for identifying the price, quality, quantity, other characteristics of goods, exercising supervision over the execution of a decision of the Commission, determining the reliability of the information submitted by an economic entity, disclosing information on the competitive situation in goods markets, revealing the actual actions or conduct of the economic entity.
2. The following shall serve as a ground for conducting a survey:
(1) a report of the relevant employee of the Commission on conducting a survey, addressed to the Chairperson of the Commission;
(2) information received from a third party as prescribed.
3. The survey shall be conducted based on the order of the Chairperson of the Commission. The order shall indicate the full name of the Commission, the full name(s) of the economic entity (entities), grounds for, objective of, time limits for conducting a survey, the place(s) where the survey is to be conducted, and the data (name, surname, position) of the official(s) of the Commission conducting the survey. In case the survey is conducted by another person not considered as an employee of the Commission (upon the written consent of the person), the order shall indicate the data of that person (in case of a representative of a state body — name, surname, position thereof, in case of a natural person — name, surname, passport data, in case of a legal person — name, taxpayer identification number, location).
4. The order of the Chairperson of the Commission on conducting survey shall enter into force from the moment of signing thereof.
5. After conducting a survey, the carbon copy of the order on conducting survey shall be handed over to the economic entity, the employee of the economic entity or another representative of the economic entity.
6. A record in the form prescribed by the Commission shall be drawn up in two copies based on the results of the survey. Photographs, documents, electronic means and/or other materials may be attached to the survey record, whereon a relevant note shall be made in the record. The record shall be signed by the person conducting survey and the employee or another representative of the economic entity. In case of having an objection to the results of the survey, the person signing the record shall make a note thereon in the record. One copy of the record shall be handed over to the economic entity.
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Article 52. |
Conducting external surveillance by the Commission |
1. External surveillance shall be considered to be the observation conducted at the location or on the website of the Commission or in an outdoor space or in a public place for identifying the price, quality, quantity, other characteristics of goods, exercising supervision over the execution of a decision of the Commission, determining the reliability of the information submitted by an economic entity, disclosing information on the competitive situation in goods markets, revealing the actual actions or conduct of the economic entity.
2. The external surveillance shall be conducted based on the order of the Chairperson of the Commission. The order shall indicate the full name of the Commission, the objective of, time limits for conducting external surveillance, the place where the external surveillance is to be conducted, and the data (name, surname, position) of the official(s) of the Commission conducting the external surveillance.
3. The order of the Chairperson of the Commission on conducting external surveillance shall enter into force from the moment of signing thereof.
4. When conducting external surveillance, the Commission may apply computer technologies and other technical means, use video recording, photography, electronic and other equipment and media.
5. A record in the form prescribed by the Commission shall be drawn up in one copy based on the results of the external surveillance. Photographs, documents, electronic media and/or other materials may be attached to the external surveillance record, whereon a relevant note shall be made in the record. The record shall be signed by the person(s) conducting external surveillance.
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Article 53. |
Conducting monitoring by the Commission |
1. Monitoring shall be considered to be the observation conducted at the location of the Commission at a certain periodicity for identifying the price, quality, quantity, other characteristics of goods, exercising supervision over the execution of a decision of the Commission, determining the reliability the information submitted by an economic entity, disclosing information on the competitive situation in goods markets, revealing the actual actions or conduct of the economic entity.
2. When conducting monitoring, the Commission may use computer technologies and other technical means, use video recording, photography, electronic and other equipment and media, and perform other actions aimed at conducting monitoring and summarising results.
3. The monitoring shall be conducted based on the order of the Chairperson of the Commission. The order shall indicate the full name of the Commission, issues subject to monitoring, period, frequency of monitoring, procedure for and form of summarising and submitting the results, the data (name, surname, position) of the official(s) conducting monitoring.
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Article 54. |
Video recording of inspection, test purchase, survey, external surveillance and monitoring |
1. The process of inspection, test purchase, survey, external surveillance and monitoring may be video-recorded and/or photographed by the relevant employee of the Commission, the procedure for which shall be prescribed by the secondary regulatory legal act of the Commission.
2. In case of carrying out video-recording and/or photographing, a note thereon shall be made in the record.
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Article 55. |
Hindering the conduct of inspection, test purchase, survey, external surveillance and monitoring |
1. Where an economic entity or the head of an economic entity or the person substituting him or her or the employee or another representative thereof refuses to sign the inspection, test purchase or survey record or otherwise hinders the conduct of inspection, test purchase, survey, external surveillance or monitoring, as well as where another person hinders the inspection, test purchase, survey, external surveillance and monitoring, the representative of the Commission shall make a note thereon in the record, and if possible, the name and surname of the person having hindered shall be indicated as well.
2. Hindering — by the economic entity, the head of the economic entity, the person substituting him or her, the employee or another representative thereof — the conduct of inspection, test purchase, survey, external surveillance or monitoring upon the order of the Chairperson of the Commission shall be considered as hindering by the economic entity the exercise of rights or fulfilment of duties vested in the Commission and shall entail liability for the economic entity prescribed by this Law.
CHAPTER 13
SECTORAL STUDY
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Article 56. |
Objective of a sectoral study |
1. The Commission shall conduct a sectoral study in any sector or goods market or area to establish the competitive situation, detect cases of possible prevention, restriction, blocking of economic competition and/or causing possible harm to consumer interests, disclose other conditions affecting the competitive situation, as well as consumer interests.
(Article 56 supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 57. |
Procedure for conducting and summarising a sectoral study |
1. Sectoral studies shall be conducted upon the decision of the Commission on conducting sectoral study, which shall at least prescribe the sector or sectors under study and the time limit for conducting a study.
2. Within the framework of a sectoral study, the Commission shall, upon necessity, specify the range of goods and geographical boundaries of the goods market, determine the composition of actors of a goods market, volumes of the goods market, shares of economic entities, degree of centralisation of the goods market, study relevant legal acts, identify the existence of obstacles to the entry into the goods market, as well as study other circumstances related to the sector or goods market, which may allow drawing inferences about the general competitive situation, cases of possible prevention, restriction, blocking of economic competition and/or causing possible harm to consumer interests, as well as other conditions affecting the consumer interests.
3. The results of the sectoral study shall be approved by the decision of the Commission.
(Article 57 supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
CHAPTER 14
ADOPTING OPINIONS ON ISSUES RELATING TO ECONOMIC COMPETITION AND CONSUMER INTERESTS
(Title amended by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 58. |
Grounds for adopting an opinion on issues relating to economic competition and consumer interests |
(Title amended by HO-205-N of 3 July 2025)
1. Before performing the relevant action, concluding the transaction or adopting the legal act (except for a regulatory legal act), state bodies, officials thereof and economic entities shall have the right to apply to the Commission with the request to obtain an opinion on the issue whether it prevents, restricts, blocks economic competition and/or harms consumer interests, as well as on other issues relating to the protection of economic competition.
2. Before adopting a regulatory legal act, the state body or the official thereof having the competence to adopt it shall have the right to apply to the Commission with the request to obtain an opinion on the issue whether it prevents, restricts, blocks economic competition and/or harms consumer interests, as well as on other issues relating to the protection of economic competition.
3. The Commission may adopt an opinion on other issues of the draft regulatory legal act relating to the protection of economic competition upon its own initiative.
(Article 58 amended by HO-44-N of 4 March 2022, HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 59. |
Requirements for the application for obtaining an opinion on issues relating to economic competition and consumer interests |
(Title amended by HO-205-N of 3 July 2025)
1. The application for obtaining an opinion on issues of an action, a transaction or legal act (except for a regulatory legal act) relating to economic competition and consumer interests shall indicate the following:
(1) name of the Commission;
(2) name, surname, passport data, record-registration address of the applicant natural person, in case of a legal person — full name, state registration or record-registration number, location address, name, surname and position of the person having submitted an application on behalf thereof, notification address (where it is different from the record-registration (location) address);
(3) detailed description of the issue subject to clarification by the opinion, indicating details of economic entities, relation or possible relation between them, data on the competitive situation in the goods market available to the applicant, as well as other information of essential significance for the opinion;
(4) issues subject to clarification by the opinion and position of the applicant on those issues;
(5) year, month and day of submitting the application;
(6) list of materials attached to the application;
(7) signature of the person having submitted the application.
2. Where available, draft contracts, agreements, acts or other documents shall be attached to the application. Where the application is submitted through a representative, a document certifying the powers must be submitted.
3. The application for obtaining an opinion may be submitted in the form prescribed by the Commission.
4. The submitted application shall not be considered in case of non-compliance with the requirements of parts 1 and 2 of this Article, whereof the person having submitted the application shall be informed by the letter of the Chairperson of the Commission within a period of three days. All prima facie errors made in the application shall be indicated in the letter.
(Article 59 supplemented by HO-29-N of 16 January 2024, amended by HO-205-N of 3 July 2025)
(Law HO-29-N of 16 January 2024 has a final part and transitional provisions)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 60. |
Procedure for adopting an opinion on issues relating to economic competition and consumer interests |
(Title amended by HO-205-N of 3 July 2025)
1. In case of receiving an application complying with the requirements prescribed by law, the Commission shall initiate a procedure for adopting an opinion on issues relating to economic competition and consumer interests.
2. The opinion on issues relating to economic competition and consumer interests shall be issued within a period of one month from the day the application is received.
3. Upon a reasoned decision of the Commission, the time limit for providing an opinion on issues relating to economic competition and consumer interests may be extended for a period of up to one month.
4. Before adopting an opinion, the Commission may, where necessary, apply to the applicant, state bodies and other entities as prescribed by this Law, with the request to provide information necessary for adopting the opinion, as well as receive additional information on issues subject to consideration, and invite the applicant or other persons to the sitting of or consideration at the Commission.
5. In case of lack of the information referred to in part 4 of this Article, the Commission shall adopt the opinion in the absence of the information in question, indicating its significance and impact on the issue under consideration.
(Article 60 edited by Ho-44-N of 4 March 2022, amended by HO-29-N of 16 January 2024, amended, edited by HO-205-N of 3 July 2025)
(Law HO-44-N of 4 March 2022 has a transitional provision)
(Law HO-29-N of 16 January 2024 has a final part and transitional provisions)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 61. |
Opinion on issues relating to economic competition and consumer interests |
(Title amended by HO-205-N of 3 July 2025)
1. The opinion of the Commission on issues relating to economic competition and consumer interests, except for the case of adoption thereof with respect to a draft regulatory legal act, shall be binding, and failure to be guided thereby may serve as a ground for instituting proceedings on the offences in the field of economic competition and against consumer interests.
2. The opinion of the Commission on issues of a draft regulatory legal act relating to economic competition and consumer interests shall be of advisory nature.
(Article 61 amended by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
CHAPTER 15
CONDUCTING ADMINISTRATIVE PROCEEDINGS
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Article 62. |
Procedure for conducting administrative proceedings |
1. The Commission shall conduct the administrative proceedings according to the general rules for activities of the Commission, in observance of the special rules that are prescribed by this Law.
2. In case no peculiarities for the administrative proceedings conducted by the Commission are prescribed by this Law, the provisions of the Law "On fundamentals of administration and administrative proceedings" shall apply to the relevant relations.
3. The examination of the appeal brought against the administrative act of the Commission shall be conducted in compliance with parts 1 and 2 of this Article.
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Article 63. |
Time limit for administrative proceedings |
1. The time limit for administrative proceedings conducted by the Commission shall be three months, except for the cases provided for by this Article.
2. The time limit for administrative proceedings on offences related to anti-competitive agreements, abuse of dominant position and strong negotiating position, and prohibited co-ordination of economic activities shall be six months.
3. The time limit for administrative proceedings being conducted based on an administrative appeal brought against the decision of the Commission shall be three months, except for the proceedings being conducted based on the administrative complaint brought against the decision of the Commission rendered with regard to the offences referred to in part 2 of this Article, the time limit whereof shall be six months.
4. The time limit for administrative proceedings for administrative offences conducted by the Commission shall be determined under the Administrative Offences Code of the Republic of Armenia.
5. Where administrative proceedings conducted by the Commission relate to more than one offence at least one of which is an offence referred to in part 2 of this Article or an administrative complaint brought against a decision rendered in such a case, the time limit for the administrative proceedings in question shall be six months.
6. The time limit for administrative proceedings may be extended once for up to three months upon the reasoned decision of the Commission.
(Article 63 edited by HO-29-N of 16 January 2024)
(Law HO-29-N of 16 January 2024 has a final part and transitional provisions)
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Article 64. |
Right of the participant of administrative proceedings to be heard |
1. The right of the participant of administrative proceedings to be heard shall be ensured through submission thereby, within a period of two weeks after being notified of the institution of the proceedings, of a written position on the issues under consideration in the proceedings and materials substantiating it to the Commission. Based on the substantiated motion of the participant of the administrative proceedings, the time limit prescribed by this part may be extended for up to two weeks upon the letter of the Chairperson of the Commission.
2. Where necessary to hold oral hearings, the Commission shall notify participants of the proceedings and, upon necessity, other persons of the time and place of the sitting of the Commission.
3. Failure by the participant of the proceedings having been notified of the time and place of the sitting to appear shall be no hindrance for holding the sitting.
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Article 65. |
Suspension and resumption of administrative proceedings |
1. Proceedings conducted by the Commission shall be suspended, where:
(1) it is impossible to adopt a decision as a result of the given proceedings until the entry into legal force of a final judicial act with regard to a case being examined through constitutional, administrative, civil procedure or to proceedings examined through criminal procedure;
(2) it is impossible to adopt a decision as a result of the given proceedings until a decision in other administrative proceedings is rendered;
(3) force majeure or another circumstance has occurred, which temporarily hinders the course of the proceedings;
(4) there are other grounds provided for by law.
2. The proceedings for an offence in the field of economic competition may be suspended, where:
(1) the requested documents, materials or other information have not been submitted or unreliable or incomplete information has been submitted;
(2) an expert examination has been assigned;
(3) there are other grounds provided for by law.
3. The proceedings shall be suspended until the circumstances having served as a ground for suspension thereof are eliminated or until a ground for dismissing the proceedings has emerged. After they are eliminated or a ground for dismissing the proceedings has emerged or occurred, the administrative proceedings shall resume upon the decision of the Commission.
4. During the suspension of the proceedings, the Commission may perform actions aimed at establishing the elimination of the grounds for suspension and other actions not aimed at examination of the proceedings on the merits.
5. The running of the time limit for conducting the proceedings shall be suspended for the period of suspension of the proceedings.
(Article 65 amended by HO-222-N of 9 June 2022)
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Article 66. |
Dismissal of administrative proceedings |
1. Administrative proceedings shall be subject to dismissal, where:
(1) the request set forth by the application falls beyond the competence of the Commission;
(2) there are other grounds provided for by law.
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Article 67. |
Adoption and entry into force of an administrative act |
1. An administrative act shall be adopted at the sitting of the Commission, which shall be attended by the members of the Commission, and upon the permission of the person presiding over the sitting of the Commission— also the employees of the Commission.
2. An administrative act adopted by the Commission shall enter into force on the day following handing over its carbon copy to the addressee, unless a later time limit is prescribed by that act. In case more than one addressee of an administrative act exist, the administrative act shall enter into force with respect to each of them in the part thereof, from the day following handing over the carbon copy of the administrative act in question to the relevant addressee, unless a later time limit is prescribed by that act.
CHAPTER 16
PROCEEDINGS FOR ASSESSMENT OF CONCENTRATION
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Article 68. |
Objective of declaration of concentration, its participants and the ground for instituting proceedings for assessment |
1. The declaration of concentration shall be carried out for the purposes of assessing the competitive situation, revealing or foreseeing the possibility of preventing, restricting, blocking the competition, possibility of otherwise restricting the economic competition in the relevant goods market, or clarifying the issue of leading to a dominant position or causing possible harm to consumer interests due to concentration.
2. Participants of the proceedings for assessment of concentration shall be the persons having submitted an application for and a declaration of concentration.
3. The proceedings for assessment of concentration shall be instituted based on the submission of the application and declaration as prescribed.
4. A declaration of concentration shall specify the type and objective of the concentration, as well as the following information about each of the parties:
(1) name, record-registration (location) address and notification address (if different from the record-registration (location) address);
(2) annual business financial statements as of the end of the financial year preceding the declaration and, if a requirement for mandatory audit of financial statements prescribed by law exists — also the audit opinion thereon. If any of the parties to the concentration has started its actual business in the given year, its financial statements and audit opinions thereon shall be submitted as of the end of the month preceding the declaration. In the cases provided for by the decision of the Commission, a financial statement existing as of another term may also be submitted by the economic entity;
(3) volumes of goods sold during the preceding year as per assortment, as well as a description of production capacities, infrastructures;
(4) scope of all persons forming a group of persons with the parties to the concentration, grounds and evidence for being a group of persons;
(5) other documents and information prescribed by the decision of the Commission on approving the procedure for declaration of concentration and the form of declaration.
5. The procedure for declaration of concentration and the form of declaration shall be prescribed by the Commission.
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Article 69. |
Assessment of concentration subject to declaration |
1. The concentration subject to declaration shall be permitted or prohibited as a result of assessment based on the decision of the Commission.
2. In case the participants of the proceedings for assessment of concentration subject to declaration submit false, unreliable, incomplete or misleading information in the declaration or during the proceedings, or in case of failure to submit the information requested by the Commission, the Commission shall render a decision on dismissing the application without prejudice.
3. The Commission may render a decision on dismissing the application on concentration without prejudice at any stage of the proceedings.
(Article 69 supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 70. |
Grounds for prohibiting concentration subject to declaration |
1. The Commission shall prohibit the concentration subject to declaration, where:
(1) according to the results of studies of the Commission, the concentration would result in prevention, restriction, blocking or otherwise worsening of the economic competition in the relevant goods market; or
(2) according to the results of studies of the Commission, the concentration would result in establishment or strengthening of a dominant position; or
(3) according to the results of studies of the Commission, the concentration would harm consumer interests.
(4) (point repealed by HO-205-N of 3 July 2025)
(5) (point repealed by HO-205-N of 3 July 2025)
(Article 70 amended by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 71. |
Permitting concentration through simplified procedure |
1. The mixed concentration and concentration of economic entities involved in a group of persons shall be permitted through simplified procedure, where the grounds for prohibiting the concentration are prima facie absent.
2. The Commission shall render a decision on permitting the concentration through simplified procedure within one month after instituting the proceedings, which shall contain information on parties to the concentration, their business sectors or goods markets and substantiations for permitting the concentration through simplified procedure.
(Article 71 amended by HO-44-N of 4 March 2022)
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Article 72. |
Permitting concentration |
1. The Commission shall permit the concentration subject to declaration, where there are no grounds for prohibiting the concentration.
2. The decision on permitting the concentration shall be in force for a period of one year, unless a shorter time limit is prescribed by the decision of the Commission.
3. Where the grounds provided for by points 2 and 3 of part 1 of Article 70 of this Law exist, the Commission shall permit the concentration subject to declaration in the case when the economic entity substantiates that favourable competitive conditions in the goods market will be ensured and consumer interests will not be harmed as a result of the given concentration.
4. The decision of the Commission on permitting the concentration subject to declaration may contain binding conditions and obligations for a party to the concentration, which shall be effective for an indefinite period, unless another time limit is prescribed by the decision of the Commission.
5. Parties to the concentration shall be obliged to submit to the Commission — in the manner and within the time limits prescribed in the decision on permitting the concentration — information on fulfilling the binding conditions and obligations.
6. In case of violating the conditions and obligations provided for by the decision on permitting the concentration, the Commission shall repeal the decision on permitting the concentration.
(Article 72 amended by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 73. |
Undeclared and prohibited concentration |
1. The concentration subject to declaration shall be deemed undeclared, where it has been executed without the decision of the Commission on permitting the concentration.
2. The concentration subject to declaration shall be deemed prohibited, where:
(1) it has been executed without the decision of the Commission on permitting the concentration, and the Commission has later held that it is subject to prohibition;
(2) the Commission has repealed the decision on permitting the concentration on the ground that the party (parties) to the concentration has (have) violated the binding conditions and obligations in case of the decision provided for by part 4 of Article 72 of this Law rendered by the Commission.
3. In case the Commission has prohibited the concentration subject to declaration, where it has been executed, as well as in the cases provided for by part 2 of this Article, the Commission shall render a decision on giving the following assignments, if they will restore the favourable competitive conditions in the relevant goods market, according to the results of the study of the Commission:
(1) separating the legal person absorbed as a result of concentration;
(2) dividing the legal persons consolidated as a result of concentration;
(3) liquidating the legal person newly founded as a result of concentration;
(4) rescinding the contract serving as a ground for the concentration, yet not fully performed, and returning to the other party all that has been received under the transaction by each of the parties to the contract until the moment of rescinding the contract, and in case of impossibility to return in-kind what has been received (including when whatever has been received is expressed in making use of property, performed work or delivered service) compensating its value in money;
(5) returning to the other party all that has been received under the transaction by each of the parties to the contract serving as a ground for the concentration and fully performed, and in case of impossibility to return in-kind what has been received (including when whatever has been received is expressed in making use of property, performed work or delivered service) compensating its value in money.
4. In case of failure to perform the actions referred to in points 1 and 2 of part 3 of this Article within the time limit prescribed by the Commission, the concentrated economic entity shall be subject to compulsory re-organisation through judicial procedure.
5. In case of failure to perform the actions referred to in point 3 of part 3 of this Article within the time limit prescribed by the Commission, the newly-founded legal person shall be subject to compulsory liquidation through judicial procedure.
(Article 73 amended by HO-29-N of 16 January 2024, HO-205-N of 3 July 2025)
(Law HO-29-N of 1 January 2024 has a final part and transitional provisions)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
CHAPTER 17
PROCEEDINGS FOR OFFENCE IN THE FIELD OF ECONOMIC COMPETITION
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Article 74. |
Participants of proceedings for an offence in the field of economic competition |
1. Participants of the proceedings for an offence in the field of economic competition shall be:
(1) respondent in the proceedings;
(2) stakeholder;
(3) competent bodies.
2. The respondent in the proceedings shall be the economic entity, state body or official whereto the commission of a prima facie offence is attributed.
3. The stakeholder shall be the person the rights whereof have been directly violated as a result of the offence.
4. A person shall be declared as a stakeholder by the decision on declaring him or her as a stakeholder adopted by the Commission based on his or her motion.
5. In cases where the prima facie offence has violated the rights of an undefined number of persons, the Commission shall not render a decision on declaring as a stakeholder.
6. The competent body shall be the state body the powers of which relate to the issues under consideration in the proceedings.
7. During the proceedings the persons provided for by points 1 and 2 of part 1 of this Article may act both in person or through a representative and together with a representative.
8. Other persons — witnesses, experts and interpreters, may also participate in the proceedings.
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Article 75. |
Rights and responsibilities of participants of proceedings for an offence in the field of economic competition |
1. Participants of the proceedings shall, in observance of the requirements of this Law and other laws, have the right to:
(1) become familiar with the materials of the case, take excerpts, photos, photocopies and carbon copies from the materials of the case;
(2) submit evidence;
(3) address questions to the participants of the proceedings;
(4) file motions and give explanations;
(5) express a position with regard to motions and arguments of other participants of the proceedings;
(6) recuse;
(7) appeal against decisions of the Commission subject to appeal;
(8) perform other actions provided for by this Law or other laws.
2. Participants of the proceedings shall be obliged to:
(1) provide the documents and information requested;
(2) not hinder the performance, by the Commission, of the actions authorised thereto by the legislation and follow the lawful demands made thereto within the scope of the proceedings;
(3) show respectful attitude towards the Commission, employees of the Commission and participants of the proceedings;
(4) perform actions prescribed by this Law and other laws.
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Article 76. |
Reasons for instituting proceedings for an offence in the field of economic competition |
1. Reasons for instituting proceedings for an offence in the field of economic competition shall be:
(1) reports of natural or legal persons on prima facie violation of this Law;
(2) reports of state bodies (including foreign bodies) or officials thereof on prima facie violation of this Law;
(3) detection, by the Commission, of prima facie violation of this Law while exercising its powers;
(4) information on prima facie violation of this Law, published by the mass media.
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Article 77. |
Reports of natural and legal persons |
1. A report of a natural or a legal person on an offence in the field of economic competition shall be submitted in writing.
2. The report must indicate the name of the Commission, name, surname, passport data, record-registration address of the natural person submitting the report, in case of a legal person — full name, state registration or record-registration number and location address, name, surname and position of the person having submitted the report on behalf thereof, notification address (if different from the record-registration (location) address), information on the prima facie violation of this Law and the person having committed it, demand of the person submitting the report, year, month, day of submitting the report, as well the list of documents attached to the report.
3. The report shall be signed by the person submitting it. Where the report is submitted through a representative, a document certifying the powers thereof must be submitted.
4. Materials substantiating the existence of the facts described in the report, including photographs, video recordings, audio recordings, etc., may be attached to the report.
5. The data of the person submitting the report may be encrypted upon his or her wish. The procedure for submitting a report subject to encryption and encrypting it shall be prescribed by the secondary regulatory legal act of the Commission.
6. The report may be submitted in the form prescribed by the Commission.
7. The report shall not be considered, where it contains prima facie offensive expressions.
(Article 77 supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 78. |
Report of a state body or an official thereof |
1. A report of the state body shall contain the name and address of the state body having submitted it, or the name, surname, position of the relevant official, information on the prima facie violation of this Law and the person having committed it, as well as shall disclose the activities of the relevant body or the official, during the performance of which the fact of the prima facie violation of this Law has become known thereto. Materials confirming the report, including photographs, video recordings, audio recordings, etc., may be attached thereto.
2. In case a decision on not instituting criminal prosecution or terminating the criminal prosecution is rendered, when the actions of the person prima facie involve elements of offence in the field of economic competition, the body conducting preliminary investigation shall — not later than within three days after rendering such decision — send that decision to the Commission, along with the necessary materials.
(Article 78 amended by HO-222-N of 9 June 2022)
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Article 79. |
Consideration of reasons for instituting proceedings for an offence in the field of economic competition |
1. Reasons for instituting proceedings for an offence in the field of economic competition shall be considered at the Commission within a period of one month.
2. Before adopting a decision as a result of consideration of the reasons for instituting proceedings for an offence in the field of economic competition, the Commission may conduct a survey, test purchase, monitoring, external surveillance, and request and receive information in order to verify the reliability of the fact of prima facie violation of this Law.
2.1 In case of violation, by economic entities, of the obligation to provide information to the Commission within the scope of considering the reasons for instituting proceedings, the Commission may deem the fact of prima facie existence of elements of an offence in the conduct or actions of the given economic entity as confirmed and institute proceedings.
3. As a result of consideration of the reasons for instituting proceedings for an offence in the field of economic competition, the Commission shall adopt a decision on the following:
(1) instituting proceedings for an offence in the field of economic competition;
(2) rejecting to institute proceedings for an offence in the field of economic competition.
4. In case of existence of grounds for rendering several decisions provided for by part 3 of this Article, the Commission shall render them individually, performing the actions provided for by this Chapter with respect to each of them.
5. In case the submitted reports do not comply with the requirements of this Law, they shall not be considered, whereof the persons having submitted the report shall be informed by the letter of the Chairperson of the Commission.
6. In the cases provided for by part 1 of Article 81 and part 1 of Article 82 of this Law, the report shall be readdressed or returned by the letter of the Chairperson of the Commission within a period of ten days after it is received.
(Article 79 supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 80. |
Rejecting to institute proceedings for an offence in the field of economic competition |
1. Institution of proceedings for an offence in the field of economic competition shall be subject to rejection, where:
(1) the case of violation is missing;
(2) a ground for exempting from liability exists;
(3) proceedings for the same act and with the same legal and factual grounds instituted or dismissed by the Commission exist;
(4) a decision of the Commission on imposing a sanction or exempting from imposition of a sanction on same person with regard to the same act and with the same legal and factual grounds exists;
(5) a judicial act having entered into legal force between the same persons, with regard to the same subject and with the same grounds exists;
(6) the natural person having committed the alleged offence has died;
(7) the legal person having committed the alleged offence has been liquidated;
(8) the norm of the law prescribing liability for the given violation has been repealed.
2. The decision on rejecting to institute proceedings shall — within a period of three days after signing it — be sent to the person having submitted the report.
3. The decision on rejecting to institute proceedings may — within two months after receiving it — be appealed by the person having submitted the report.
(Article 80 edited, amended by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 81. |
Readdressing a report |
1. A report on an offence shall be readdressed, where the issues present in the reasons for instituting proceedings fall within the competence of another administrative body or body conducting preliminary investigation.
2. The letter on readdressing the report shall be sent to the competent body and the person having submitted the report, along with the report.
(Article 81 amended by HO-222-N of 9 June 2022)
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Article 82. |
Returning a report |
1. A report on an offence in the field of economic competition shall be returned, where it falls beyond the competence of both the Commission and other bodies.
2. The letter on returning the report shall be sent to the person having submitted the report, along with the report and the documents attached.
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Article 82.1 |
Issuing a warning |
1. In case of existence or threat of prima facie elements of a conduct, action or omission leading to the prevention, restriction, blocking of economic competition or unfair competition or harm to consumer interests, a warning may be issued to economic entities, state bodies or officials thereof.
2. The details of the procedure for issuing a warning to economic entities, state bodies or officials thereof in case of existence or threat of prima facie elements of a conduct, action or omission leading to the prevention, restriction, blocking of economic competition or unfair competition or harm to consumer interests, shall be defined by the Operations Procedure of the Commission.
3. In case of failure by economic entities, state bodies or officials thereof to eliminate the prima facie elements of a conduct, action or omission leading to the prevention, restriction, blocking of economic competition or unfair competition or harm to consumer interests, described in the warning, — within the time limit defined by the Commission, proceedings may be instituted.
(Article 82.1 supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 83. |
Instituting proceedings for an offence in the field of economic competition |
1. Where there are no grounds for rejecting the initiation of proceedings, readdressing or returning the report, the Commission shall render a decision on instituting proceedings for an offence in the field of economic competition, which shall indicate the following:
(1) name of the body conducting proceedings;
(2) description of the prima facie offence;
(3) provision of this Law which provides for liability for the given violation;
(4) name, surname (name) of the respondent in the proceedings;
(5) time (year, month, day) of signing the decision;
(6) position, initial of the name, and surname of the official signing the decision.
2. The decision on instituting proceedings may contain provisions on the time and place of examination of the case, as well as on the request for providing information.
3. The decision on instituting proceedings shall — within a period of three days after signing the decision — be sent to the respondent in the proceedings and the person having submitted the report.
(Article 83 amended by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 83.1 |
Decision on imposing an interim measure |
1. With a view to preventing potential irreversible or grave consequences resulting from an action or conduct of state bodies and officials thereof that contain prima facie elements of anti-competitive actions in relation to concluding an anti-competitive agreement, abuse of dominant position and procurement, the Commission may adopt the following decisions on imposing an interim measure:
(1) to cease the conduct containing prima facie elements of an offence until a final decision on the proceedings is rendered, restoring the situation having existed before the conduct containing prima facie elements of an offence or in other ways defined by the decision of the Commission;
(2) suspend the process of concluding a contract as a result of procurement or its effect.
2. A decision on imposing an interim measure may be taken by the Commission at any stage of the proceedings instituted with regard to an offence, and it shall be effective until the entry into force of the act concluding the proceedings.
3. The Commission may impose more than one interim measure within the scope of the same proceedings.
4. The decision on imposing an interim measure shall enter into force from the moment of its adoption and shall be subject to enforcement by the Compulsory Enforcement Service as prescribed by the Law “On compulsory enforcement of judicial acts”.
5. The decision on imposing an interim measure shall be submitted to the Compulsory Enforcement Service upon the letter of the Chairperson of the Commission.
6. The letter on sending the decision on imposing an interim measure to the Compulsory Enforcement Service shall be returned based on the letter of the Chairperson of the Commission, where:
(1) the need to impose an interim measure has eliminated;
(2) the decision of the Commission has been declared as invalid or repealed.
7. The decision on imposing an interim measure may be appealed. Appeal against the decision shall not suspend its enforcement.
(Article 83.1 supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 84. |
Joinder and severance of proceedings for an offence in the field of economic competition |
1. The Commission may — upon its decision — join the proceedings for more than one violation committed by the same subject or on the same or homogeneous violations committed by several subjects in one set of proceedings, where those proceedings are interrelated, and conducting them jointly may ensure more expeditious and effective disposal of the proceedings.
2. The proceedings for an offence instituted with respect to one or more than one violation committed by more than one person or to more than one violation committed by the same subject may be severed upon the decision of the Commission, where conducting it separately may ensure more expeditious and effective disposal of the proceedings.
3. Carbon copies of the decisions on joining or severing the proceedings for an offence in the field of economic competition shall be sent to the participants of the proceedings within a period of three days after adopting them.
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Article 85. |
Substituting the improper respondent in the proceedings and involving a new respondent |
1. Where information on the offence being committed by another subject is acquired during the conduct of the proceedings, the person concerned shall — upon the decision of the Commission — be involved as a proper respondent in the proceedings, and the proceedings against the improper respondent in the proceedings shall be dismissed upon a separate decision or an act concluding the proceedings.
2. Where information on the offence being committed also by another subject is acquired during the conduct of the proceedings, the mentioned subject shall be involved as a new respondent in the proceedings upon the decision of the Commission.
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Article 86. |
Time limit for conducing proceedings for an offence in the field of economic competition in case of joinder of proceedings and involvement of a new respondent |
1. In case of joinder of proceedings for an offence in the field of economic competition, the time limit for conducting the proceedings shall be calculated from the day of instituting the proceedings instituted later from among the joined proceedings.
2. Involving a new subject in the proceedings for an offence in the field of economic competition shall not itself result in change of the time limit for the proceedings.
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Article 87. |
Oral hearings in proceedings for an offence in the field of economic competition |
1. In case the Commission considers necessary to hearing the participants of the proceedings orally, the participants of the proceedings shall be invited to the sitting.
2. The sitting convened for oral hearing may be held in the absence of a person participating in the proceedings, where:
(1) the person participating in the proceedings has filed a motion for examining it in his or her absence, based on the documents and materials submitted;
(2) the person participating in the proceedings has — being duly notified of the time and place of the sitting — failed to appear and has failed to submit a motion on postponing the sitting, or such motion has been rejected.
3. Where necessary, the Commission may, on its own initiative or upon the motion of the participant of the proceedings, postpone the examination of the case, notifying the persons participating in the administrative proceedings.
4. During the sitting convened for oral hearing:
(1) the case under examination and the identity of the respondent in the proceedings shall be announced;
(2) the fact whether the participants of the proceedings and other persons summoned to the examination of the case are present or absent, the reasons for their absence shall be established, and the issue of holding the sitting in their absence or postponing the sitting shall be decided on;
(3) the identity of participants of the proceedings, their representatives and other persons, documents certifying the powers of the representatives shall be verified;
(4) motions submitted by the participants of the proceedings shall be examined and resolved;
(5) participants of the proceedings and other persons shall be heard;
(6) participants of the proceedings and other persons shall answer the questions of the Chairperson and members of the Commission, and upon the consent of the presiding person — also the questions of employees of the Commission;
(7) other actions aimed at effective examination of the issue shall be carried out upon necessity.
5. Where issues falling within the competence of other bodies are identified as a result of conducting the proceedings for an offence in the field of economic competition, the relevant body shall be informed thereon by the decision of the Commission or the letter of the Chairperson of the Commission.
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Article 88. |
Expedited proceedings for an offence in the field of economic competition |
1. The respondent in the proceedings may, within a period of two weeks after receiving the decision on instituting proceedings for an offence in the field of economic competition, whereas in case of extension of the time limit prescribed by part 1 of Article 64 — within the extended time limit, file a motion with the Commission on administering expedited proceedings in case of having eliminated the consequences of the offence and admitting the fact of offence attributed thereto and, where provided for by Article 73 of this Law, solely in case of admitting the fact of commission of the offence. Where the elimination of consequences of the offence is impossible, the condition of elimination of the consequences of the offence shall be deemed to be present in case of accepting the fact of offence.
2. In case a motion on administering expedited proceedings is filed, the respondent in the proceedings may not later refute the fact of commission of the offence thereby.
3. The Commission shall grant or reject the motion on administering expedited proceedings within ten days after receiving the motion.
4. The motion on administering expedited proceedings shall be granted, where it complies with the requirements of part 1 of this Article. The motion shall be rejected where the mentioned requirements are not met.
5. In case a decision on administering expedited proceedings is rendered, actions aimed at examination of the case on the merits shall not be carried out, and only the circumstances mitigating and aggravating the liability shall be assessed.
6. The Commission shall render a decision as a result of the proceedings within a period of one month from the day of adopting the decision on administering expedited proceedings, except for proceedings instituted with regard to non-declared concentration, in case whereof the general rules of time limits for proceedings shall apply.
7. When imposing a sanction as a result of administering expedited proceedings, the sanction may not exceed one third of the most severe sanction envisaged for the given offence.
(Article 88 amended by HO-44-N of 4 March 2022, supplemented by HO-29-N of 16 January 2024, amended by HO-205-N of 3 July 2025)
(Law HO-29-N of 16 January 2024 has a final part and transitional provisions)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 89. |
Dismissing proceedings for an offence in the field of economic competition |
1. The proceedings for an offence in the field of economic competition shall be subject to dismissal, where:
(1) as a result of conducting the proceedings it has been impossible to identify the subject having committed the violation;
(2) any ground for rejecting to institute proceedings exists;
(3) other grounds provided for by law for dismissing the proceedings exist.
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Article 90. |
Decisions adopted as a result of proceedings for an offence in the field of economic competition |
1. As a result of proceedings for an offence in the field of economic competition, the Commission shall adopt one or several of the following decisions:
(1) on imposing a sanction;
(2) on exempting from imposition of a sanction;
(3) on dismissing the proceedings for the offence.
2. In case the Commission adopts a decision on imposing a sanction, the Commission may put a lien on the property of the respondent in the proceedings in the amount of the imposed fine by the same decision or a separate reasoned decision adopted before the decision concerned has become unappealable, where failure to adopt such decision may make it impossible or difficult to execute the decision of the Commission on imposing a sanction.
3. The decision on imposing a sanction shall — with respect to putting a lien — enter into force or the separately adopted decision on putting a lien shall enter into force from the moment of adoption and shall be subject to immediate enforcement by the Compulsory Enforcement Service as prescribed by the Law “On compulsory enforcement of judicial acts”.
4. The decision on putting a lien shall be submitted to the Compulsory Enforcement Service upon the letter of the Chairperson of the Commission, which shall indicate:
(1) name of the Commission;
(2) year, month and day of submitting the letter;
(3) year, month and day of adoption of the decision on putting a lien and the number thereof;
(4) year, month and day of entry into force of the decision on putting a lien;
(5) amount subject to attachment;
(6) name, father’s name, surname of the debtor, name of the legal person, their record-registration (location) address and, where available, notification addresses, passport data or social services number of the person, taxpayer identification number and state registration or state record-registration number of the legal person.
5. The letter on sending the decision on putting a lien to the Compulsory Enforcement Service shall be recalled upon the letter of the Chairperson of the Commission, where:
(1) the unappealable decision on imposing a sanction adopted in relation to the respondent in the proceedings has not been submitted to the Compulsory Enforcement Service within the time limit and as prescribed by the Law “On fundamentals of administration and administrative proceedings”;
(2) the obligation of the respondent in the proceedings to pay the fine prescribed by the decision of the Commission has terminated;
(3) the decision of the Commission has been declared as invalid or repealed.
6. The decision on putting a lien may be appealed. Appealing against the decision shall not suspend its enforcement.
(Article as amended by Law HO-183-N of 11 April 2024 shall enter into force on 1 January 2026)
(Article as amended by Law HO-205-N of 3 July 2025 shall enter into force upon the entry into force of the Law “On enforcement proceedings”, in accordance with part 6 of Article 46 of Law HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 91. |
Resuming proceedings for an offence in the field of economic competition based on a judicial act |
1. Where as a result of appeal against the decision of the Commission the court concludes that the Commission has exercised discretionary powers unlawfully, the Commission shall — within a period of one month after the entry into legal force of the judicial act — adopt a decision on resuming the proceedings for an offence in the field of economic competition.
2. The resumed proceedings shall be conducted in observance of the rules of this Chapter, taking into account the legal positions of the court expressed in the judicial act.
CHAPTER 17.1
(Chapter supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
PROCEEDINGS FOR OFFENCE AGAINST CONSUMER INTERESTS
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Article 91.1 |
Procedure for conducting proceedings for an offence against consumer interests |
1. Proceedings for an offence against consumer interests shall be conducted through the procedure for conducting proceedings for an offence in the field of economic competition under this Law, in observance of the special rules prescribed by this Chapter.
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Article 91.2 |
Participants of proceedings for an offence against consumer interests |
1. Participants of proceedings for an offence against consumer interests shall be:
(1) respondent in the proceedings;
(2) competent bodies.
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Article 91.3 |
Simplified proceedings for violation of rules of presenting the price of goods |
1. In case of prima facie existence of elements of violation of the rules of presenting the price of goods prescribed by the Law "On trade and services", the Secretary General of the Commission shall send a written notification to the economic entity.
2. Information received by the Commission in any form regarding a prima facie violation of the rules of presenting the price of goods prescribed by the Law "On trade and services" shall be a reason for sending a notification.
3. The notification shall contain the description of the prima facie violation, the description and consequences of actions subject to performance by the economic entity, as well as the clarification of the consequences of failure to perform the actions subject to performance by the economic entity.
4. In case of admitting the fact of committing an offence, the economic entity shall, within a period of two weeks after receiving the notification, submit to the Commission information on having ceased the violation and having paid fifty thousand drams. In case the written notification is sent for the first time, the requirement for payment of fifty thousand drams by the economic entity shall not apply.
5. In case the actions provided for by part 4 of this Article are performed, the written notification shall — from the day following the submission of the relevant information to the Commission — gain the force of an administrative act having entered into force, and the economic entity may not further deny the fact of commission of an offence thereby.
6. In case of failure to perform the actions provided for by part 4 of this Article, the Commission may institute proceedings for an offence against consumer interests.
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Article 91.4 |
Consideration of reasons for instituting proceedings for an office against consumer interests |
1. As a result of consideration of reasons for instituting proceedings for an office against consumer interests, the Commission may adopt a decision on instituting proceedings.
2. When considering the reasons for instituting proceedings, the Commission may take into account the impact of conduct, action and omission, and in case of instituting proceedings — the impact of the decision of the Commission concluding it.
3. The procedure for assessing the reasons for instituting proceedings for an offence against consumer interests shall be defined by the Operations Procedure of the Commission.
CHAPTER 18
LIABILITY FOR OFFENCES IN THE FIELD OF ECONOMIC COMPETITION AND AGAINST CONSUMER INTERESTS
(Title supplemented by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 92. |
Sanctions imposed for offences in the field of economic competition and against consumer interests |
(Title supplemented by HO-205-N of 3 July 2025)
1. The Commission shall be competent to issue a warning to or impose a fine on economic entities, state bodies and officials thereof for offences in the field of economic competition and against consumer interests.
(Article 92 supplemented, edited by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 93. |
Amounts of fines imposed for offences in the field of economic competition and against consumer interests |
(Title supplemented by HO-205-N of 3 July 2025)
1. The amount of a fine imposed for concluding (reaching, entering into) an anti-competitive agreement shall constitute up to 10 per cent of the revenue of the economic entity party to the anti-competitive agreement for the year preceding the conclusion of (reaching, entering into) the agreement.
2. The amount of a fine imposed for prohibited co-ordination of economic activities by an economic entity shall constitute up to 10 per cent of the revenue of the economic entity having committed the offence for the year preceding the offence.
3. The amount of a fine imposed for abuse of dominant position shall constitute up to 10 per cent of the revenue of the economic entity having committed the offence for the year preceding the offence.
4. The amount of a fine imposed for abuse of strong negotiating position shall constitute up to 10 per cent of the revenue of the economic entity having committed the offence for the year preceding the offence.
5. The amount of a fine imposed for failure to declare concentration shall constitute up to five million drams.
6. The amount of a fine imposed for executing a prohibited concentration shall constitute up to 10 per cent of the revenue of the economic entity for the year preceding the offence.
7. The amount of a fine imposed for unfair competition shall constitute up to five per cent of the revenue of the economic entity for the year preceding the offence in question.
7.1 The amount of a fine imposed for an offence against consumer interests shall constitute up to five per cent of the revenue of the economic entity for the year preceding the given offence, taking into account the peculiarities defined by the methodology for choosing the sanction and calculating the fine.
8. The amount of a fine imposed for failure to submit, within the prescribed time limit, the documents or other information prescribed by a letter of the Chairperson of the Commission or by a decision of the Commission or by the legislation, or for submitting inaccurate, incomplete or misleading information, or for submitting, on own initiative, inaccurate, false, misleading documents or other information to the Commission shall constitute up to five million drams.
9. The amount of a fine imposed for failure by a respondent economic entity in the proceedings to submit, within the prescribed time limit, the documents or other information prescribed by a letter of the Chairperson of the Commission or by a decision of the Commission or by the legislation, or for submitting inaccurate, incomplete or misleading information or for submitting, on own initiative, inaccurate, false, misleading documents or other information to the Commission shall constitute up to the amount of the fine prescribed for the offence examined in the proceedings, and in case of several violations — the amount of the most severe fine prescribed therefor.
10. The amount of a fine imposed for hindering the exercise of powers of the Commission or the exercise of rights or fulfilment of duties vested in a member or an employee of the Commission by the legislation shall constitute up to five million drams.
11. The amount of a fine imposed for hindering by a respondent economic entity in the proceedings the exercise of powers of the Commission or the exercise of rights or fulfilment of duties vested in a member or an employee of the Commission by the legislation shall constitute up to the amount of the fine prescribed for the offence examined in the proceedings, and in case of several violations — the amount of the most severe fine defined therefor.
12. The amount of a fine imposed for failure by an economic entity to cease or eliminate, within the prescribed time limit, the violations established by a decision of the Commission or to fulfil, within the prescribed time limit, the conditions, obligations or assignments established by the decision shall constitute up to five million drams.
13. In case of having been active for a period less than 12 months during the preceding year, the amount of the fines provided for by this Article shall constitute the per cent — provided for in this Article — of the revenue for the period of its activities preceding the offence but which is not longer than 12 months.
14. The fine provided for by this Article for violation of the Law by a group of persons shall be imposed on the economic entities which, by their action or conduct, have participated in the offence, or the offence has resulted or might have resulted in gaining profit or advantage or being placed in more favourable conditions, and the fine shall be calculated based on the total amount of revenues of those economic entities.
(Article 93 supplemented, edited, amended by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 94. |
Imposing sanctions for offences in the field of economic competition and against consumer interests |
(Title supplemented by HO-205-N of 3 July 2025)
1. When imposing a sanction, the Commission shall take into account the nature, duration of the offence in question, the potential or actual impact of the offence on the competitive situation in the market or on consumer interests, whether the violation in question committed by the economic entity was repetitive, unless five years have elapsed from the day of imposing a sanction for the previous violation, the intention by the economic entity, the motives for and the circumstances of commission of the offence by the economic entity, whether the economic entity admits the fact of committing the offence or co-operates with the Commission, grounds for reducing the amount of the fine, the possible impact on the economic entity of the fine being imposed, the business sector of the given economic entity or the history of the economic entity.
2. The conduct of an employee of an economic entity during work activities shall be considered as the conduct of the economic entity.
3. When imposing a fine for an anti-competitive agreement, the Commission shall also take into account the type of the anti-competitive agreement provided for by part 2 of Article 5 of this Law (horizontal, vertical, other), as well as the grounds for exempting from liability or reducing the amount of the fine.
4. The methodology for choosing a sanction and calculating a fine shall be defined by the secondary regulatory legal act of the Commission.
(Article 94 amended by Ho-44-N of 4 March 2022, supplemented, amended by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 95. |
General grounds for exempting from liability for offences in the field of economic competition and against consumer interests |
(Title supplemented by HO-205-N of 3 July 2025)
1. Economic entities and state bodies shall be exempted from liability for offences in the field of economic competition and against consumer interests, where — as of the day of instituting proceedings — five years have elapsed from the day the offence has been committed.
2. The Commission may exempt economic entities and state bodies from liability, where their conduct, though formally containing elements of any act provided for by this Law, does not pose public danger due to its little significance, i.e. it has not caused and might not have caused any essential harm to any person or the State.
(Article 95 supplemented, edited, amended by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
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Article 96. |
Exempting an economic entity party to the anti-competitive agreement from liability |
1. The Commission may adopt a decision on not imposing a sanction on an economic entity party to an anti-competitive agreement, if the economic entity is the first to apply to the Commission on its own initiative, before the Commission renders a decision on instituting administrative proceedings or the Chairperson of the Commission issues an order on conducting an inspection with regard to the agreement in question, and the economic entity voluntarily undertakes the obligation to terminate its participation in the anti-competitive agreement (except when in the opinion of the Commission, it is necessary for revealing the anti-competitive agreement) and exclude the said participation in the future, concurrently submitting such evidence regarding the anti-competitive agreement in question which, in the opinion of the Commission, is a sufficient ground for instituting administrative proceedings and/or conducting an inspection with regard to the anti-competitive agreement in question.
2. An economic entity shall be fully exempted from the liability provided for concluding (reaching, entering into) an anti-competitive agreement, if it submits to the Commission the following evidence at its disposal or known to it:
(1) names of all the economic entities participating (having participated) in the anti-competitive agreement and other information;
(2) detailed description of the anti-competitive agreement, including its purpose, manner of manifestation, the goods constituting the subject of the agreement, the date on which, the duration for which and the place where the anti-competitive agreement was concluded (reached), and other data;
(3) names, positions, addresses of all the persons who are involved or have been involved or may be involved in the process of concluding (reaching) the anti-competitive agreement;
(4) other evidence at the disposal of the applicant, regarding the anti-competitive agreement.
3. The economic entity having applied to the Commission may not be exempted from liability, if it has failed to fulfil any of the following conditions:
(1) the economic entity fails to terminate its participation in the anti-competitive agreement immediately after submitting the application, except when in the opinion of the Commission, it is necessary for revealing the anti-competitive agreement;
(2) the economic entity fails to co-operate — without reservations and on a continuous basis — with the Commission from the moment of submitting the information until the completion of the administrative proceedings. That co-operation shall imply that the economic entity:
a. immediately submits to the Commission all the necessary information and evidence with regard to the alleged anti-competitive agreement that come at its disposal or become known to it;
b. responds, within the prescribed time limit, to all the enquiries of the Commission which may contribute to the recording of facts regarding the alleged anti-competitive agreement;
c. ensures the opportunity for its current or, where possible, previous directors and employees to submit explanations;
d. does not destroy, forge or conceal the information and evidence regarding the anti-competitive agreement; and
e. does not reveal the fact of submission and the content of a statement, application, information or evidence with regard to the alleged anti-competitive agreement before the decision adopted by the Commission on instituting administrative proceedings with regard to the possible anti-competitive agreement enters into force or in other cases upon the consent of the Commission.
4. The Commission shall leave an application submitted simultaneously by two and/or more economic entities parties to an anti-competitive agreement without consideration.
5. The procedure for submission of applications for exemption of an economic entity party to an anti-competitive agreement from a sanction and for their consideration shall be prescribed by the secondary regulatory legal act of the Commission.
(Article 96 amended by HO-44-N of 4 March 2022)
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Article 97. |
Ground for reducing the amount of fine to be imposed on an economic entity party to an anti-competitive agreement |
1. An economic entity revealing its participation in an anti-competitive agreement may, in the event the requirements of Article 96 of this Law are not met, submit an application for reduction of the amount of the fine.
2. To have the amount of the fine reduced, the economic entity must submit evidence to the Commission with regard to the possible fact of the offence provided for by Article 5 of this Law, which will have material significance for proving the commission of the offence.
3. The amount of the fine imposed on an economic entity that was the first to report on an anti-competitive agreement and has submitted evidence of material significance for revealing the agreement concerned as prescribed by this Article shall constitute up to 50 per cent of the fine prescribed by part 1 of Article 93 of this Law. The amount of the fine imposed on the second economic entity having submitted evidence of material significance shall constitute up to 70 per cent of the fine prescribed by part 1 of Article 93 of this Law. The amount of the fine imposed on the third economic entity having submitted evidence of material significance shall constitute up to 85 per cent of the fine prescribed by part 1 of Article 93 of this Law.
4. Where at the moment of submitting an application for reduction of the amount of the fine the economic entity is a party to another anti-competitive agreement and reports on the anti-competitive agreement concerned as well, the economic entity may, as prescribed by Article 96 of this Law, submit to the Commission an application for full exemption from payment of the fine for the anti-competitive agreement reported on thereby.
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Article 98. |
Compensation for the damage caused as a result of offences in the field of economic competition and against consumer interests |
(Title amended by HO-205-N of 3 July 2025)
1. In case damage has been caused to economic entities or persons as a result of offences in the field of economic competition and against consumer interests, it shall be subject to compensation, as prescribed by the legislation, by the economic entity, state body or official having committed a violation.
(Article 98 amended by HO-205-N of 3 July 2025)
(Law HO-205-N of 3 July 2025 has a final part and transitional provisions)
CHAPTER 19
EXECUTION OF DECISIONS OF THE COMMISSION
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Article 99. |
Binding nature of decisions of the Commission |
1. Decisions of the Commission, conditions, and obligations prescribed and assignments issued thereby shall be binding for their addressees and shall be subject to execution in the whole territory of the Republic of Armenia.
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Article 100. |
Payment of a fine imposed by the decision of the Commission |
1. In case 75 per cent of the fine imposed by the decision of the Commission is paid within a period of two months after the entry into force of the decision, the obligation to pay the fine shall be considered as duly performed.
2. In case of failure to voluntarily pay the fine imposed by the decision of the Commission, the decision shall — after it becomes unappealable — be sent for compulsory enforcement as prescribed by Chapter 13 of the Law "On fundamentals of administration and administrative proceedings".
(Article as amended by Law HO-183-N of 11 April 2024 shall enter into force on 1 January 2026)
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Article 101. |
Fulfilment of assignments issued by the decision of the Commission |
1. Conditions prescribed, obligations provided for and assignments issued by the decision of the Commission shall — from the day of entry into force of the decision — be subject to fulfilment immediately, but not later than within the time limit prescribed by the decision, and appealing against the decision shall not suspend the effect or execution of the decision.
2. In case of failure to voluntarily fulfil the assignments issued by the decision of the Commission within the time limit prescribed therein, they shall be subject to compulsory enforcement as prescribed by the Law "On compulsory enforcement of judicial acts".
3. The decisions referred to in part 2 of this Article shall be submitted for compulsory enforcement in case of not having been executed within the time limit indicated therein.
4. When submitting the decisions referred to in part 2 of this Article for compulsory enforcement, the Commission shall submit, attached to the decision, evidence confirming the fact that the decision in question has been handed over to the addressee or the fact that the addressee has been otherwise duly notified, and a letter on execution, which shall indicate:
(1) the year, month and day of submitting the decision for compulsory enforcement;
(2) actions subject to performance by the decision and/or the actions the performance whereof the obliged person must refrain from, and the time limit prescribed by the decision for the performance thereof;
(3) the year, month and day of adopting the decision, the number of the decision and the year, month and day of entry into force of the decision;
(4) name, father's name, surname of an obliged person, name of a legal person, their record-registration (location) address and, where available, notification addresses, passport data and social services number of a person, taxpayer identification number and state registration or state record-registration number of a legal person.
5. The letter on compulsory enforcement provided for by part 4 of this Article and other documents provided for by law may be sent to the Compulsory Enforcement Service, and documents may be received from the Compulsory Enforcement Service in electronic form.
6. Submitting the assignments issued by the decision of the Commission for compulsory enforcement shall not exempt an economic entity from the liability provided for by this Law for failure to execute decisions of the Commission.
(Article as amended by Law HO-183-N of 11 April 2024 shall enter into force on 1 January 2026)
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Article 102. |
Examination of violations committed by state bodies and officials thereof |
1. A decision of the Commission on imposing a sanction for violation of this Law by a state body or an official thereof may be sent to the given state body and, where available, to the superior body thereof and shall serve as a ground for considering the issue of disciplinary liability of guilty persons.
2. The relevant body shall inform the Commission about the results of the examination within a period of three months.
GHAPTER 20
REVIEW OF DECISIONS
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Article 103. |
Reviewing administrative acts rendered by the Commission based on newly-emerged circumstances |
1. Administrative acts of the Commission, that have become unappealable, shall be subject to review based on newly-emerged circumstances.
2. Administrative acts shall be reviewed based on newly-emerged circumstances by the Commission.
3. Reasons for reviewing an administrative act based on newly-emerged circumstances shall be:
(1) applications of participants of proceedings;
(2) identification, by the Commission while exercising its powers, of a newly-emerged circumstance serving as a ground for reviewing an administrative act.
4. Newly-emerged circumstances shall serve as a ground for reviewing an administrative act, where:
(1) those circumstances have existed during the administrative proceedings, have not been known and might not have been known to the Commission, and they are of material significance for disposing of the case;
(2) false testimonies of a witness, an obviously false opinion of an expert, an obviously incorrect translation by a translator, falsified evidence confirmed by a criminal judgment of a court having entered into legal force, have underlain an administrative act;
(3) it has been confirmed by a criminal judgment of a court having entered into legal force that a member of the Commission the vote whereof has had a decisive impact on the rendering of the administrative act has committed a criminal act with respect to the examination of the case.
5. The Commission shall consider the reasons for reviewing the administrative act based on newly-emerged circumstances within a period of ten days, revealing the existence or absence of the grounds provided for by part 4 of this Article.
6. As a result of consideration, the Commission shall render a decision on:
(1) instituting proceedings for reviewing an administrative act, where the Commission concludes that any of the grounds provided for by part 4 of this Article exists;
(2) rejecting to institute proceedings for reviewing an administrative act, where the Commission concludes that the grounds provided for by part 4 of this Article are missing, or five years have elapsed from the moment the administrative act has become unappealable;
(3) leaving the application without consideration, where the applicant has not indicated in the application information on an administrative act under review and/or any circumstance which, according to the applicant, may serve as a ground for reviewing the administrative act.
7. Decisions on rejecting to institute review proceedings and leaving the application without consideration may be appealed through judicial procedure, within a period of two months.
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President |
R. Kocharyan |
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Yerevan 5 December 2000 |
Published on a joint site 10.11.2025.
| Փոփոխող ակտ | Համապատասխան ինկորպորացիան |
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| Փոփոխող ակտ | Համապատասխան ինկորպորացիան |
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