The purpose of the draft law is to strengthen competition protection, combat cartel agreements and unfair competition, as well as adapt antimonopoly legislation to the conditions of the digital economy.
According to the presented draft, it is proposed to expand the powers of the antimonopoly authority and introduce new control tools. For the first time, the legislation will detail provisions concerning digital platforms and network effects. The antimonopoly authority will have the ability to analyze the impact of internet resources on the market, especially if a significant portion of transactions between buyers and sellers is conducted through them.
The draft law also clarifies how to determine the dominant position of companies in the market. The main criterion remains a share of 35%, but dominance can also be established with a smaller share if the company has the ability to influence prices, restrict market access, or possesses significant resources compared to competitors. Additionally, the concept of collective dominance is introduced, where several large players jointly control a significant portion of the market.
Specific provisions will be dedicated to combating anti-competitive agreements. The draft law explicitly prohibits cartel arrangements, including price-fixing, market division, bid manipulation, and restricting access for other players. Participants in cartels will be able to avoid penalties if they are the first to report the violation to the antimonopoly authority and provide the necessary evidence.
Another innovation will be the introduction of antimonopoly compliance, which represents an internal control system aimed at preventing violations of competition legislation. Companies will be able to develop their own risk assessment rules and submit them to the antimonopoly authority for compliance verification with legal requirements.
The draft also introduces new rules for controlling economic concentration. Information about mergers, joint ventures, or acquisitions must be provided to the antimonopoly authority if the total annual revenue of the participants exceeds 1 billion soms. If the authority does not make a decision within the established time frame, the transaction will be automatically considered approved.
The issue of state aid to businesses will also be regulated separately. Before granting subsidies, benefits, or other preferences, the antimonopoly authority will be required to assess their impact on competition.
To enhance transparency, the creation of a registry of companies receiving state support is planned.
Furthermore, the draft law introduces prohibitions on anti-competitive actions in the field of public procurement, including coordination among tender participants, creating advantages for specific companies, and unjustifiably restricting access to bids.
