Turnover-Based Fines under Competition Regulation
REVERA lawyers draw attention to an important signal for businesses in Belarus: the Supreme Court has upheld the findings of MART concerning abuse of a dominant position by one of the mobile network operators.
The matter concerns the risk of a fine of up to 10% of revenue generated in the relevant product market in the previous year, but in any event not less than BYN 22,500.
| By way of reminder: under the Code of Administrative Offences, certain breaches of antimonopoly legislation may be subject to a so-called “turnover-based” fine. Such a fine is calculated on the basis of the infringer’s revenue in the relevant market and may amount to up to 10% of revenue for the year preceding the breach of antimonopoly legislation. |
This case once again demonstrates that, for companies with a significant market share, any tariff-related, pricing or other commercial decisions require a prior antimonopoly review.
Authors: Mikita Talkanitsa, Matsvei Shastsiarniou.
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