AZERBAIJAN

FINA

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14 Kerpich str.#1

Baku, AZ1022

Tel: +994 (12) 444-6110

Fax: +994 (12) 444-6112

www.fina.az

 

5. Basic trends in the development of antitrust laws in 2011-2012

Within the framework of the Interstate Council on Antimonopoly Policy, AMSAR and other antimonopoly authorities of Azerbaijan oversee the harmonization of national antimonopoly competition laws, draft model laws and guidelines, coordinate their joint activities, exchange information and organize consultations on cases with a cross border effect on competition. These activities lead, first of all, to the creation of a harmonized business environment with the other CIS countries, promoting the free movement of goods and services and reducing market entry barriers. One of the basic trends in development of antitrust and competition regulations in Azerbaijan is the recent initiative taken by the Azerbaijani government in unifying the separate individual laws and legislative acts on unfair competition and antimonopoly activity in a single Code. Consequently, the new draft of the Competition Code of Azerbaijan has already been worked out and submitted to Milli Mejlis – Parliament of the Azerbaijan Republic. It is most probable that on adoption of this Code the current antimonopoly and competition laws of Azerbaijan will lose their legal effect, and the existing gaps and collisions in the current competition and antimonopoly laws will be removed.

Due to the character of its sphere of activity FINA LLP law firm is in close contact with the authorized representatives and officials of AMSAR (including the Ministry of Economic Development of Azerbaijan) and takes an active part in the process of development of antitrust and competition regulations of Azerbaijan. The attorneys of FINA LLP participated in drafting the Civil Code of Azerbaijan (which includes the clauses on antitrust and unfair competition regulation), and also in drafting changes and amendments to the Foreign Investments Protection Law of Azerbaijan. Moreover, under the relevant TACIS Project the attorneys of FINA LLP were actively involved in preparation of the package of laws regulating the energy sector of Azerbaijan such as: Law on "Gas Supply"; Energy Law; Law on "Electro-Energy Industry"; Oil and Gas Law; etc. Consequently, the drafts of these laws were submitted to the legislative body of Azerbaijan for consideration and the attorneys of FINA LLP took part in internal discussions of the permanent commission of the Parliament of Azerbaijan while considering and ratifying these laws. All of the draft Laws (with the exception of the "Oil and Gas Law") were ratified and adopted by the Milli Mejlis of Azerbaijan with some slight changes and amendments.