Abusers of dominant position can be divided forcibly
02/09/2013 19:04
Abusers of dominant position can be divided forcibly
02/09/2013 19:04
Tashkent, Uzbekistan (UzDaily.com) -- The Government of Uzbekistan approved a regulation on order of consideration of issues of forcibly division of the business entities, which violated their dominant position in the market.
The document said that to eliminate abuse of dominant position in goods or financial services market and to form healthy competition, there could be requirement for division of the business entities. Two or more business entities will be formed on the base of one dominating company.
The document will not be applied to natural monopoly entities.
The State Committee of the Republic of Uzbekistan for privatization, demonopolization and development of competition will consider issues on forcible division of dominating business entities.
The decision on division of the dominating business entity will be adopted after assessment of possibilities and expediency of the division. At the same time, the committee will assess market specifics, production process, types of goods, works and services, etc.
The special commission will adopt decision on division of the business entity. Once such decision was adopted, the anti-trust body will submit application to the Economic Court on forcibly division of the dominating business entities.
If the court approves decision on forcibly division of the company, the owner or specially created body to implement decision on division of the business entity. If the owner refuses to implement decision of the court, the anti-trust body will submit application to the court on appointment manager to carry out division of the company.
The document said that all expenses related to division process will be covered by the business entity itself.
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