Law 7 Of 2008 Antitrust And Competition Law

Original Language Title: القانون 7 لعام 2008 قانون المنافسة و منع الاحتكار

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 Law 7 of 2008 antitrust and competition law, President of the Republic based on the Constitution and approved by the NPC at its meeting on 24-3-1429, corresponding to 31-3-2008.

Issued: chapter I definitions and scope of application the aim of law: article/1/the purpose of this Act is to determine the rules governing free competition and adjusts to this end, substantive obligations on full producers and traders, service providers and other intermediaries aimed at staving off each exercise in breach of competition rules and to eliminate monopolistic practices as this law aims to adjust economic concentrations and to monitor.

Definitions: article/2/following expressions mean in application of this law, meaning each side unless otherwise provided.

Ministry: Ministry of economy and Trade Minister: Minister of economy and trade.

Body: body competition and prevent monopoly updated in accordance with the provisions of this law.

Council: the updated competition Council in accordance with the provisions of this law.

Law: antitrust and competition law.

Enterprise: natural and legal persons and associations that have no legal personality, which engage in commercial activities regardless of whether created or controlled private or public actors, including its affiliates or subsidiaries or associated companies or other entities controlled directly or indirectly.

Market: goods or service or group of goods or services that are based on their price and their peculiarities and uses applicable to replace each other to meet the financial need of the consumer in particular geographic area where the competition conditions are homogeneous.

Dominance: the situation where the institution is able to control and influence the market activity, either for themselves or work with other institutions.

Scope of application article 3 first: this law applies to: all institutions as defined above with respect to all the trade agreements, actions or transactions relating to goods or services or intellectual property rights by everyone from natural persons, personally as the owner of a corporation or a Director or employee, competition-restrictive practices prohibited by the law or participate in or help.

C all activities of production, trade and services in the Syrian Arabic Republic taking into account intellectual property laws.

D any economic Syrian Arabic Republic are outside and adverse consequences.

Secondly: the application of this law excludes: a sovereign acts of State b public facilities owned or operated by the State for the purpose of providing products or services to citizens, such as: drinking water, gas, electricity, oil, transport, post and communications, and determined by a decision of the Prime Minister.

Chapter 2: freedom of prices and competition article April prices of goods and services according to market rules and the principles of free competition except the following: commodity prices and services that are determined by Decree.

B prices and services in sectors or areas where competition mediated price limited either because of market monopoly status or ongoing difficulties in the process of implementation or because of legislative or regulatory provisions governing the decision of the Presidency of the Council of Ministers on the proposal of the Minister after consultation with the competition authority, this decision defines the relevant materials and services and conditions of cost and sale prices.

C the price specified by a decision of the Cabinet under temporary measures to address exceptional circumstances or emergency or natural disaster that these procedures be reviewed within a period not exceeding six months from the start of application.

Chapter III: anti-competitive practices of anti-competitive practices and agreements article/5/a ban and be more false than never legally void the agreements and practices and alliances between competing institutions in the market or between an organization and its suppliers or clients when you infringe or limit or prevent competition especially what theme or purpose: 1 block price fixing by the natural functioning of competition in the market by identifying or increase or decrease the price or other terms of sale and purchase in In international trade.

2 complicity in requests for proposals or tenders or bids, Lash collusion joint presentations, announcing her limbs about that from the outset only to prevent competition in any form.

3 sharing markets and sources of supply based on geographical regions or sales or purchase amounts or customers or on any other basis adversely affects competition 4 restrictions on production or sales, investment or technical advances including by quota.

5. concerted refusals to purchase.

6. concerted refusals to supply.

7 actions to impede access to the market or to exclude or to limit free competition.

8. collective denial of access to join an arrangement or Association of any great importance for competition.

1 without prejudice to any special provisions contained in any other law related to intellectual property rights, every text is null and void or condition constitutes abuse of intellectual property rights in a contract license to any intellectual property rights may have a negative impact on competition or may impede the transfer and dissemination of technology in particular: a licensee's obligation not to transfer the improvements made by the technology covered by the license contract or licensor (reverse transfer of technology enhanced) b Prevent the licensee from administrative or judicial litigation in intellectual property that is licensed.

C obligate licensee to accept licensing set of rights rather than the right one.

2 includes intellectual property rights mentioned in paragraph (a) of this article, in particular the following: copyright and neighbouring rights.

Hallmarks of industrial design patents and utility models designs of integrated circuits, trade secrets of new varieties

C don't travel by night the provisions of paragraphs (a) and (b) of this article on the impact of weak agreements specified by regulations when results from the agreement or practice as a whole benefit year or prove necessary to ensure the technical or economic progress in such agreements: 1 shall not exceed the total share of enterprises involving ratio determined by directives issued by the Minister and shall not exceed that percentage (10%) Overall market transactions 2 or clauses specify the level of prices and market-sharing.

Abuse of a dominant position in the market: article/6/prohibits any institution has a dominant position in the market or in a substantial part of it done alone or in conjunction with other institutions abusing this situation to limit market access or breach or reduce or prevent competition, resulting or likely to result in adverse effects on the market or economic development including Miley : A install or imposition of rates or conditions of goods or services by acting or behavior leading to obstruct other entrants to the market or exclusion from or exposed to massive losses as in the case of sales below cost.

C distinguishing between customers in similar contracts for prices and service charges or terms of sale and purchase.

D forced her client to refrain from dealing with her competition.

E seek to monopolize certain resources necessary for the exercise or activity competitive institution purchasing a commodity or service to the extent that leads to raise their price in the market or prevent decline.

And refusal to deal without objective justification with a particular client by normal commercial conditions.

G comment sell product or provide a service to purchase merchandise or other goods or to purchase a specific quantity or other service request.

Exceptions article 7/a thought practices resulting from the application of the law in force and practices within the interim measures approved by the Cabinet to address exceptional circumstances or emergency or natural disaster in breach of competition within the meaning of articles (5) and (6) of this Act provides that these measures shall be reviewed within a period not exceeding six months from the beginning of the application including the right of extension for a further period.

B are in breach of competition practices and arrangements which exclude the Council from applying the provisions of articles (5) and (6) of this law by reasoned decision if public interest results cannot be achieved without this exception, including its positive effects on improving the production or distribution systems or competition or certain benefits for the consumer or proven to be necessary to ensure that certain technological advances.

C to the Council apply the exceptions referred to in paragraph (b) of this article on a kind of practices or contractual terms or practices or arrangements or contractual terms to certain institutions to request those institutions granted this exception as a model for adoption by the Council to this end.

D the applicant is granted the exception referred to in paragraph (c) of this article, notice of the request is complete and the Council decide on the application within a period not exceeding ninety days from the date of notification of the decision to deploy the exception or summary about it in the Official Gazette.

For the Council to determine the duration of these practices or to subject to periodic review and withdrawal of exemption in the case of violation of the terms of the Foundation grant.

Chapter IV: practices that violate the integrity of business transactions article/8/

A prohibits each producer or importer, distributor or wholesaler or a service provider: 1 to impose directly or indirectly a minimum price of a commodity or service.

2 to impose upon another party or get him on the prices or conditions of sale or purchase especially unjustified to give it an advantage in competition or harm him.

3 to stop supply to the market to the detriment of the market or consumers b 1 prohibits any resale of the good or service at a lower price than the total cost to breach competition or market domination.

2 the real purchase price refers to the application of this article the invoice price in installer after you download discounts provided therein, this prohibition does not include perishable products and downloads any authorized sale to filter or replenishment of stocks at lower prices.

Chapter 5: economic concentration article September a considered economic concentration every action creates a total or partial transfer of ownership or usufruct of property or shares or quotas or obligations of an institution to another institution would be an institution or group of institutions of control, directly or indirectly to an institution or group.

B required to complete economic concentration, which would affect the level of competition in the market as achieving or strengthening a dominant position written Board approval if the total quota exceeded for the institution or institutions involved in the process of economic concentration (30%) Of all transactions in the market.

C contrary to any text becomes concerned must authorize the economic concentration operations in any sector before its final version introduction the Council's opinion in writing on the impact of these operations on the level of competition in the sector.

D for each natural or legal person to inform the Council up to the job of economic concentration operations are subject to the provisions of paragraph (b) of this article.

Requests for completion of economic concentration operations article/10/a on institutions that wish to complete any of the economic concentration operations referred to in paragraph (b) of article 9 of this law shall apply to the Council in accordance with the model adopted during a period not exceeding 30 days from the date of the conclusion of a project agreement or an agreement on the process of economic concentration accompanied by Miley : 1 incorporation and statute of the institutions concerned.

2 draft contract or agreement of concentration.

3. statement of key goods and services handled by the institutions involved in the process of economic concentration and their shares.

4 report on the economic dimensions of the process especially positive effects on the market.

5. the financial statements for the last three financial years, of any of the institutions involved in the process of economic concentration and the branches of these institutions certified and audited assets.

6 statement of shareholders of the institutions concerned or their respective partners and percentage contribution or share them all.

7. a list of members of the Board of management or the directors or Director.

8 uncover sections of each institution.

B to institutions attached a statement of commitments as it deems necessary or suggestions to limit the possible negative effects of the process of economic concentration on the market.

C taking into account the provisions of paragraph 1 (c) of article 14 of this law, the Council may request in writing any additional information or documents on the agreement of economic concentration and limbs, and then notice the completeness of the information and documents on the Council including detract to request additional information or exercise regulatory powers.

2 Select the periods and the procedures for issuing the notice mentioned in clause (1) of this paragraph and other related matters in regulations issued by the Board mentioned in paragraph (e) of article (11).

D the Council declares two daily local and at the expense of the applicant from seeking economic concentration in accordance with the provisions of paragraph (a) of this article that includes a summary declaration on the subject of the application and invite all interested to its opinion within a period not exceeding 30 days from the date of the Declaration.

Of the Council after consultation with the relevant authorities to take any precautionary measures pending the request under paragraph (a) of this article.

Chapter vi: competition and antitrust body art/11-a independent public body occurs called General Authority for competition and prevent monopoly based in Damascus and assume its functions and powers in this law and enjoying legal personality and administrative and financial autonomy and determines their owners and the administrative and financial organization of the Decree of the Prime Minister and run by a Board of Directors of the competition Council add to the General Manager.

B competition Council consists of thirteen members are appointed for a term of four years, renewable only once under a decision of the Prime Minister in accordance with the following: 1 three members of judges, two judges of the ordinary courts and the State Council judge appeals-degree or its equivalent at the suggestion of the Minister of Justice and of the premier.

2 two members of the central organ of financial control, including a member of a Manager in the economic field at the suggestion of the President of the Central Office for financial control.

3 three members with expertise in Economic Affairs and issues of competition and consumer protection, on the proposal of the Minister of economy and trade.

4 three elected members representing the industrial and commercial actors nominated by the federations of Chambers of Commerce and industry and craftsmen and members of the General Federation of trade unions and the General Federation of farmers.

5 the competition Council members swear an oath except judges before commencing their oath: (I swear by Almighty God to rule with justice and to respect laws) this right in front of the first civil court of appeal.

C the Member appointed by the President of the competition Council mentioned in paragraph b/1 above, but not less than his degree by the President of the Court of appeal or equivalent, appoints Vice President of Council of State members and vice presidential duties leads based on full-time.

D the Director-General shall be appointed by a decision of the Prime Minister and is accountable to the Council and represents the body in front of others and eliminate the competition Council, attend meetings without the right to vote.

E competition Council rules of procedure and rules of procedure in front of him to be subject to ratification by the Prime Minister and the President of the Council shall report annually on its work to the Prime Minister.

Article 12 a the Council shall meet at the invitation of the President at least once a month and whenever necessary and proper meetings to attend, at least nine members to be the Chairman or his Deputy and decisions by a majority of the attendees, and when a tie likely supported by side Chair, a member may not participate in the deliberations or voting in a State before the Council have an interest or with a party related to the fourth degree or have Such as or one of the parties.

B the Council should invite to attend meetings of the assistance of specialists and without the right to vote.

General powers of the competition authority and prevent monopoly article 13/a antitrust and competition authority in coordination with the relevant authorities the following duties and powers: 1 contribute to the elaboration of the General plan for the competition and its own legislation and any related studies.

2 work to promote a culture of competition and to protect and promote.

3 information to detect practices that violate the rules of competition in cooperation with the relevant authorities in accordance with the provisions of the laws in force.

4 investigations into practices that go undetected or based on complaints received and to prepare reports on their results and raise suggestions to the relevant authorities.

5 receive and follow up on requests relating to the economic concentration operations provided for in article 10 of this law.

Illustrative views version 6 questions relating to work on their own or at the request of the institutions.

7 experts or consultants from outside the Council to accomplish any of the acts within its powers.

8. cooperation with the Syrian Arabic Republic out similar objectives of sharing information and data concerning the implementation of the competition rules within the international treaties on the basis of reciprocity with provisions of article 16 of this law to the confidentiality of information.

B report annually on the status of competition into the Cabinet.

C the Government agencies and sectoral regulatory bodies entrusted with control of economic concentration operations under its own legislation to introduce the Council's opinion in writing within the jurisdiction stipulated in this law.

Council decisions concerning economic concentration operations article 14 of the Council to take a decision on the applications in accordance with the provisions of article 10 of this law as follows:

1 approve the process of economic concentration if the competition improved or had positive economic effects was lead to reduce the price of goods or services or create jobs or encourage aogzeb investment or export to support the capacity of national institutions to international competition or were necessary to provide a desirable technical or improve the quality of services and goods or introduce new products on the market.

2 approve the process of economic concentration provided they pledge institutions involved in the implementation of the conditions established by the Council to this end.

3 not to approve the process of economic concentration and a decision to cancel it and return the situation to what it was.

B in all cases described in paragraph (a) of this article shall be accompanied by a summary statement of the Board's decision process of economic concentration and its effect on competition in the market including economic impacts and conditions and obligations on institutions that place I found is the decision or a summary about it in at least two local daily newspapers.

C the Board shall issue its decision regarding the process of economic concentration within a period not exceeding one hundred days beginning on the date of issuance of the notice of the request is complete. Institutions involved in the process of economic concentration during this period any conduct or action that may lead to consolidate the process of economic concentration or changing market structure, or were these behaviors and actions void the decision of the Board and is not responding during the said period as a tacit acceptance of the request.

D Board that eliminates the previous consent in one of the following cases: 1 if you break any of the conditions concerned institutions and undertakings which were approved.

2 If the background under which approval is misleading.

For the Council to take appropriate action in the face of any economic concentration process not apply or were contrary to the provisions of this law.

Law enforcement and prosecution article/15/a jury body workers in law enforcement and are nominated by the President of the Council and that it costs them to do following: 1 enter during business hours to the following places: stores, galleries, shops, offices, factories, cars, used trucks, warehouses, slaughterhouses and related accessories, cardamom markets, malls, fairs, stations and ports and free zones and access to inspect and set the Rea and stuff and adjust inventory and taking samples.

2 access to documents and records and files, including computer files, and keep any copies or for a notice of receipt, to prove what is retained in the record and returned upon completion of the audit.

3. review all records and files and documents maintained by official circles regarding the companies, trade and free zone management log, records of importers and exporters, General Directorate of customs, tax administration and any governmental body authorized to issue licences of any kind allowed the circulation of goods and services, and they may not disable any of the staff of the Commission in this regard on the pretext of confidentiality or for any other reason.

4 the necessary investigations and listen to anyone suspected of violating the provisions of this law.

5 in body workers swear by the judicial police before commencing the work assigned him before a judge following right primitive: (I swear by Almighty God to do the job assigned to honourably, faithfully) b employees must do reveal their identity and inform the applicant a copy of the written authorization.

C of the Council under the powers vested in him under the provisions of this law to ask anyone familiar with or may keep information relating to the contravention of the provisions of this law, either to hear his testimony or provide the requested data or documents or documents in his possession or to respond to questions set by dictating a particular form.

D elements of law enforcement authority to close stores and factories and warehouses and administrative dependencies sealed when any resistance or obstruction to the implementation of the tasks mentioned in the previous paragraphs for three days with raising it to the Board who shall be empowered to cancel the shutdown or extended for up to 30 days.

For law enforcement elements mentioned in paragraph (a) above the power use of police officers in the performance of their duties.

And preparation of the results of the investigation of any violation of the provisions of this law, the reports shall include a careful analysis of competition mode and its effect on market balance.

Article 16 confidentiality on antitrust and competition authority and its employees and any person briefed on its work under his profession and litigants, including witnesses and experts on competition and prevent monopoly to maintain confidentiality of information and records and documents obtained during the investigations carried out, or that are offered from organizations that are investigating their activities, awalmkdmh of complainants or witnesses testifying in investigations and may not be disclosed or publicly traded or delivered to any non-party organizations Referred to, if they are parties to the same investigation, and may not be disclosed or delivered to the competition protection councils in other countries only after approval by the stakeholders and the condition of reciprocity, shall not use such information, records and documents for any purpose other than investigations by antitrust and competition authority in accordance with the provisions of this law and that under penalty of Penal and disciplinary accountability.

B the Chairman of the competition Council documents against the confidentiality issues in a situation where the delivery of these documents or view them as necessary for the practice of the parties for their rights before judicial or official contacts at the request and the provisions of paragraph (a) of this article before this official and judicial authorities had examined the confidential information of the competition Council.

Consider the irregularities article/17/Board perceived violations of the provisions of this law on its own or when offered by the Minister or at the request of the Government or economic institutions or professional organizations or trade unions or consumer bodies or chambers of Commerce, industry or agriculture.

The Ministry's representative in the competition Council article/18/

The Minister appoints a representative to the competition Council is defending the public interest in issues related to anti-competitive practices stipulated in this law.

Article/19/accept the decisions of the competition Council to appeal to the Supreme Administrative Court, the Council of State during the period of sixty days from the date of notification of the decision and the Court of Appeal promptly.

Accept or reject the complaint: article/20/when the Board decides to reject the complaint must include his decision whether the facts were not within the competence or were not supported by evidence and if the complaint Board's decision must include a statement of whether the practices presented him punishable or not, where appropriate, the owners of these practices of the penalties prescribed by article 23 of this law.

Decisions of the competition Council: article/21/competition Council when required: direct written orders to the dealers concerned to terminate practices contrary to free competition in a certain order or impose special conditions on them in the exercise of their activity.

Declare a prohibited activity or practices and the lack of any sign of her.

Announcing the temporary closure of the institution or institutions condemned for no more than three months that these institutions cannot be reopened only after that put an end to practices subject condemned.

Referral to the public prosecutor in order to carry out criminal prosecution after selecting the offence attributed to the offender.

The competition Council can then show him an excessive exploitation of a dominant position resulting from State institutions obliged institution or institutions focused on modifying or complete or terminate all agreements or contracts that were under achieving concentration which resulted in abuses.

Balancing the body art/22/separate balancing authority shall have a special branch within the State budget and financial resources consist of the following: a notable appropriation in the State budget.

B grants, gifts, donations and domestic and foreign loans in accordance with the laws and regulations in force.

C service charges charged by the Commission in accordance with the provisions of this law and the regulations issued thereunder.

D their rents.

Chapter VII penalties and compensation article/23/in addition to other penalties provided for in the laws punishing competition Council: initiate activities prohibited this law contravenes the Council's decisions to cease the prohibited activity or has participated in the process of economic concentration should notify the Council and did not notice, or continued in economic concentration action after notification and prior to a decision of the Board or continue the proceedings after the decision of the Board to prevent concentration.

He participated in the process of economic concentration or contrary to the terms of Council resolution approving the concentration.

False information provided to the Board, or to refuse to provide information to, or intentionally obstruct the work of the Council.

A fine of not less than 1% and not more than 10% of the annual gross revenues from sales of goods or services to the offender and calculated as follows: 1 based on annual gross sales of goods or services market revenue totals as shown in the financial statements for the previous financial year to commit the offense.

2 based on the annual gross product sales contravention if the offending side activity contains several products and restricted ticket.

3 on the basis determined by the Board if the offending side activity contains several products and limited offense and unable to determine total product sales subject.

By a fine of not less than 100000 for 100, 000 and not more than 1000000 million o If no sales or revenue.

Punish the disclosure of confidential information article/24/without prejudice to any harsher penalty prescribed under any other law, shall be punished with imprisonment of three months to three years and a fine of not less than 100000 for 100, 000 and not more than 1000000 million SP or either all of the oldest on the disclosure of any confidential information obtained as a result of the application of the provisions of this law, from any source and that includes private individuals and employees of the Commission and its departments.

Prevention of violation of the Treaty dealing with public bodies article/25/Council may as well as the penalty to rule in the case of violation of articles 5 and 6 of this law to prevent violation of the Treaty dealing with the public in any manner for at least one year period at three years.

Compensation: article/26/for all affected because this law prohibited activities require institutions that exercise with the competent civil court of first compensation, the aggrieved entitlement compensation lawsuit over three years from the date of the prohibited activities.

Safeguards: article/27/enterprise funds and assets shall be sentenced to a fine in accordance with the preceding articles guaranteeing to meet them.

Chapter VIII transitional and final provisions article 28//this law applies to activities which was exercised by the effective date, if such activities continue after that date, each institution to reconcile their positions according to the provisions of this law within a period not exceeding six months from the date of entry into force of its provisions, including removing all exercise or an agreement or arrangement existed before the effective date or request for exemption referred to in article 7. However the Council shall in such cases a fine due to the activities carried out by this time.

Article 29/premier issue after the events of the competition Council regulations under this law.

Article 30//this law shall be published in the Official Gazette and shall be deemed effective after six months from the date of publication.

Damascus on 27-3-1429 for 3-4-2008.

President Bashar Al-Assad