ORDER

For the obtaining the preliminary consent of the antimonopoly body on merger, acquisition, and acquisition of shares (stakes) in the authorized capital of an economic entity

 

Normative base:

The Law of the Republic of Uzbekistan “On Competition” (Articles 16-18),

Resolution of the Cabinet of Ministers No. 230 of 08.20.2013

“On measures to improve antitrust regulation in the commodity and financial markets” (Appendix No. 5),

Resolution of the Cabinet of Ministers No. 344 of 12/27/2013

“On approval of provisions on the procedure for passing licensing procedures in the field of antitrust regulation”

 

Documents: An applicant submits the following documents to the Center for Public Services:

application for prior consent to perform actions (transactions);

applicant’s passport details – for an individual;

information on the types of activities, types of goods and their volumes produced and sold by the applicant within 2 years preceding the day of application submission, or during the duration of the activity if it is less than 2 years;

financial and statistical reporting for the previous 2 calendar years;

information on the composition of the group of persons with an indication of the grounds on which such persons are included in this group of persons, and other information related to the transactions under consideration;

proof of payment of the fee.

Date of issue: no later than 10 calendar days from the receipt of the necessary documents. If the transaction leads or may lead to restriction of competition, the period may be extended for appropriate market research, but not more than 1 month.

Collection: 10 basic calculated values ​​(2.23 million soums) based on paragraph 5 of the resolution of the President of the Republic of Uzbekistan No.PP-4126 of January 24, 2019.

In what cases is the prior consent of the antimonopoly authority required?

Transactions on the acquisition of shares (stakes) in the authorized capital (authorized capital) of an economic entity:

The preliminary consent of the antimonopoly authority to transactions on the acquisition by a person or a group of persons of shares (stakes) in the authorized capital of an economic entity is necessary if:

a person or group of persons receives the right to dispose of more than fifty percent of the indicated shares (stakes);

the total book value of assets or the total proceeds from the sale of goods for the last calendar year of the parties involved in the transaction exceeds one hundred times the size of the base calculated value or one of the participants in the transaction is an entity that occupies a dominant position in the product or financial market. (Section 17 of the Competition Law)

Mergers and acquisitions of business entities:

The antimonopoly authority’s prior consent for mergers and acquisitions of business entities is necessary if the total book value of the assets of persons participating in the relevant transaction or their total proceeds from the sale of goods for the last calendar year exceeds one hundred times the base calculated amount or one of them is a business entity that occupies a dominant position in the product or financial market. (Section 16 of the Competition Law)

If you have questions about the procedure for issuing the preliminary consent of the antimonopoly authority, you can contact the Antimonopoly Committee of the Republic of Uzbekistan for control of market concentration in the commodity, financial and digital markets.

Telephone for information 71-207-47-00 (249, 250 or 251)