Located in the Jarkurgan district of the Surkhandarya region, Akbar Anvar Kelazhagi LLC applied to the Antimonopoly Committee.
The essence of the appeal was that on September 29, 2020, the economic entity (Akbar Anvar Kelazhagi LLC) was declared the winner of the tender for the construction and improvement of 1,046 km of the road within the territory of the small industrial zone located in the Bektepa makhalla in the Bandikhan district Surkhandarya region. However, by the Decree of the Council of People’s Deputies of the region dated November 10, 2020 No. 139 / VI-16, without substantiated facts, the work on the construction of this facility was transferred to another enterprise.
Having studied this issue in detail, the Committee determined that this Resolution of the Council of People’s Deputies contradicts the requirements of the Law of the Republic of Uzbekistan “On Competition”.
For information: In accordance with Article 12 of the Law “On Competition”, government bodies and local government bodies are prohibited from giving instructions to an economic entity on the priority conclusion of contracts, the priority sale of goods to a certain circle of buyers, the choice of sources and the advantage of directions for the use of financial resources,it is unreasonable to provide certain economic entities with benefits, preferences and privileges that put them in an advantageous position in relation to other economic entities operating in the commodity or financial market, to establish other discriminatory or privileged conditions for the activities of individual economic entities.
Article 14 of the Law prohibits actions during competitive (tender) auctions that lead or may lead to restriction of competition, including: violation of the procedure for conducting auctions established by law, unjustified disqualification of bidders. Violation of the antimonopoly requirements established by the first part of this article is the basis for the recognition of decisions of competitive (tender) tenders and contracts concluded as a result of these tenders, invalid.
According to the 26th article of the Law of the Republic of Uzbekistan “On state power at the local level” Decisions of regional, district, city Kengashes of people’s deputies, contradicting the Constitution and laws of the Republic of Uzbekistan, decrees, decrees and orders of the President of the Republic of Uzbekistan, are canceled by the Senate of the Oliy Majlis of the Republic of Uzbekistan in the prescribed manner.
The Antimonopoly Committee appealed to the Senate of the Oliy Majlis so that the Upper House of Parliament consider the issue of canceling the Resolution of the Council of People’s Deputies of the Surkhandarya Region dated November 10, 2020 No. 139 / VI-16 and issued an order to prevent such violations in the future.
The Senate studied this issue and, on the basis of the available facts, canceled the decision of the Council of People’s Deputies.
Dear entrepreneurs, the Antimonopoly Committee informs you that it considers all applications of economic entities within the framework of its powers. All our details are available on the AMK website and social networks.
Press office of the Antimonopoly Committee