The
Human Rights Defender's Office finalized and sent a package of legislative
drafts to the National Assembly and the Government which proposes to introduce
an anti-monopoly compliance institute aimed at protecting business in Armenian
legislation.
It
will protect businesses from beaches of economic competition protection
legislation and will allow to avoid fines. On the other hand, the state will
ensure the implementation of anti-monopoly policy aimed at improving and
developing the business environment in the country.
The
drafts are based on the results of the studies of international standards and
experience of other countries.
The
draft, in particular, proposes the following amendments:
• provide
the definition of anti-monopoly compliance (internal system for compliance with
the requirements of the legislation on protection of economic competition).
•
stipulate that for the organization of the internal system for compliance with
the requirements of the legislation on protection of economic competition, internal
act (acts) adopted by the business entity or by persons belonging to the same
group as the business entity should contain:
1) Requirements
on procedure for conducting risk assessment of violations of the legislation on
protection of economic competition related to the implementation of business
entity’s activities
2) measures
aimed at reducing of the risks of violations of the legislation on protection
of economic competition related to the implementation of business entity’s
activities
2)
Measures aimed at reducing the risks of violation of the legislation on
protection of economic competition by the economic entity related to its
activities,
3)
Measures aimed at exercising control over the implementation of anti-monopoly
compliance by the business entity,
4) A
mechanism for introducing the given legal act or documents (internal policy,
regulation) to the employees of the business entity,
5)
Information on the person responsible for the implementation of anti-monopoly compliance.
• As
a mitigating circumstance, consider the effective introduction of anti-monopoly
compliance by the organization which committed an offence.
In
particular, the package of draft laws “On Making Supplements in the RA Law on
Protection of Economic Competition” and “Making Supplements in the Code of
Administrative Offences”, together with justifications and summary, was sent to
the National Assembly and the Government.
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