How to apply for a public service of issuing the preliminary consent of the antimonopoly authority for mergers, acquisitions of business entities, as well as for the acquisition of shares (stakes) in the authorized capital (authorized capital) of business entities?

How to apply for a public service of issuing the preliminary consent of the antimonopoly authority for mergers, acquisitions of business entities, as well as for the acquisition of shares (stakes) in the authorized capital (authorized capital) of business entities?

The applicant can apply to any of the Centers of Public Services or via the Single platform of interactive public services (https://my.gov.uz/ru/service/354 or https://my.gov.uz/ru/service/355)

What documents to attach to an application for obtaining a public service for issuing the preliminary consent of the antimonopoly authority for mergers, acquisitions of economic entities, as well as for the acquisition of shares (stakes) in the authorized capital (authorized capital) of economic entities?

To receive the service, the applicant must submit the following documents:

an application for giving preliminary consent to perform actions (transactions);

TIN of the applicant;

information on the types of activities, names of types of goods and their volumes produced and sold by the applicant during the 2 years preceding the day of filing the application, or during the period 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, indicating the grounds on which such persons are included in this group of persons, and other information related to the transactions in question;

a document confirming the payment of the fee.

Let's say the decision of the khokimiyat creates privileged conditions for the activities of an individual household in a certain commodity market and leads to the restriction of the activities of other economic entities in this market. Does this decision of the khokimiyat contradict the current legislation and which state body can apply to for its revision?

In accordance with the fourth paragraph of the first part of Article 12 of the Law of the Republic of Uzbekistan “On Competition”, government bodies and local government bodies are prohibited from unreasonably granting certain business entities benefits, preferences and privileges that put them in an advantageous position in relation to other business entities, carrying out activities in the commodity or financial market.

According to the legislation on competition, the Antimonopoly Committee of the Republic of Uzbekistan is the authorized body in the field of competition in commodity and financial markets. In this regard, when this kind of question arises, business entities can contact the Antimonopoly Committee and its territorial departments for further study of this issue.

I work as the head of the LLC. I have heard that "antitrust compliance" is being introduced in enterprises. Is it mandatory for us to introduce this system as well?

According to the Decree of the President of the Republic of Uzbekistan dated July 6, 2020 “On additional measures to further develop the competitive environment and reduce state participation in the economy” PF-6019, as of January, 2021 the system of “Antitrust Compliance” will be tested in state management bodies, local executive bodies and state bodies according to Annex 5 to the Decree. From January 1, 2022, it will be introsuces in natural monopolies, enterprises with a dominant position in the commodity or financial market, as well as corporate customers with an average annual revenue from sales of goods in the last three years of 30 billion soums.

I bought a monopoly product on the stock exchange (for example, cement). According to the rules, I can pick up the product from the factory within 10 days. Despite the 100% prepayment, the factory for various not substantial reasons did not ship the goods within the specified period. What to do in this situation, who to contact for help to get the product?

If a monopolist does not ship the goods to the consumer within the prescribed period, this is considered a violation of article 10 Of the law “on competition” – abuse of a dominant position in the commodity market, expressed by infringement of the rights and interests of consumers or other economic entities.

If the buyer applies to the Antimonopoly Committee, the monopolist will receive an order for immediate execution of the contract regarding the shipment of goods and will face a fine in accordance with article 178 Of the code of administrative responsibility.

When is the prior consent of the competition 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 body to transactions on the acquisition by a person or a group of persons of shares (stakes) in the authorized capital (authorized capital) of an economic entity is required in cases where:

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

the total book value of assets or the total proceeds from the sale of goods for the last calendar year of the persons participating in the transaction exceeds one hundred thousand times the size of the basic calculated value, or one of the participants in the transaction is an economic entity that occupies a dominant position in the commodity or financial market. (Article 17 of the Law “On Competition”)

Mergers and acquisitions of business entities:

The preliminary consent of the antimonopoly authority to transactions on mergers and acquisitions of economic entities is required in cases where the total book value of the assets of the persons participating in the relevant transaction, or their total revenue from the sale of goods for the last calendar year exceeds one hundred thousand times the base calculated value, or one of them is an economic entity that holds a dominant position in the commodity or financial market. (Article 16 of the Law “On Competition”)