Belarus

Authority / Source

  • Department of Anti-Monopolistic and Pricing Regulation of the Ministry of Economy, and its local agencies.
  • The Act of the Republic of Belarus “On Resistance to Monopolistic Activity and Competition Development”, dated 10 December 1992, as amended.
  • Edict of the President of the Republic of Belarus “On Certain Measures on Improvement of Antimonopoly Regulation and Development of Competition” dated 13 October 2009, as amended.

Mandatory / Voluntary

Mandatory pre-notification for acquisition / merger type transactions.

When to notify?

Pre-transaction approval must generally be sought prior to implementation of the transaction.

Threshold(s)

  • A company having a market share of at least 30% intends to acquire a participatory interest in, or effect transactions with shares of a company operating on a similar product / services market; or
  • acquisition of 25% shares, participatory interest or effecting other transactions resulting in the acquisition of substantial influence on policies and decision making of a company having a dominant position; or
  • acquisition of 20 % shares or participatory interests in any company which has:
    • annual sales proceeds over 200,000 basic units (approx. EUR 2 m), or
    • value of assets on its balance sheet exceeding 100,000 basic units (approx. EUR 1 m).

Obligation on whom

  • The founders (participants) of the companies under reorganisation; founders (participants) of holding companies, unions and other forms of associations;
  • persons acquiring participatory interests / shares.

Consequences of failure to notify

Failure to notify a transaction may give grounds for invalidating the transaction.

Consequences of implementing a transaction despite obligation to suspend until clearance

Fine of up to approx. EUR 1,000.

Consequences of implementing a transaction despite prohibition decision

Non-compliance with a resolution prohibiting the transaction may be grounds for invalidating the transaction.

Stages

In cases requiring pre-transaction notification, the antimonopoly authorities generally issue their decision within 30 days of receipt of all necessary documents.

Foreign-to-foreign mergers caught?

Can be caught if foreign companies have subsidiaries or related entities in Belarus or carry out business activities on the territory of Belarus.

Treatment of JVs

Acquisition of any rights allowing groups of companies or individuals to substantively define the business operating conditions of an undertaking may be interpreted as covering the creation of joint ventures.

Up to date as of 1 September 2014
Euro exchange rate as of 2 January 2014