THE LAW OF AZERBAIJAN REPUBLIC
"ON UNFAIR COMPETITION"

Chapter I.
General Provisions

Article 1. Key concepts

• competition - a form of struggle among market-oriented subjects for more favorable conditions of enterpreunership, under which their independent activity restricts reasonably opportunity for each of them to affect general state of circulation of goods (products, works and services) in market and stimulates production of goods, requested for consumers;
• unfair competition - action of market-oriented subject aimed to achieve advantage in enterpreunership through application of illegal and unscrupulous methods, which can cause prejudice to other market-oriented subjects (competitors) or lessen their business authority;
• illegal payments - payments of material or non-material character, envisaged to bribe officials of national bodies, persons, holding leading posts in political parties, employees of mass media, administration and employees of market-oriented subjects in order to achieve unreasonable (unjustified) advantages in competition;
• competitor - subject of market, capable to bring good to the market of definite good (inter-replaceable goods).

Article 2. Bodies, controlling commitment to legislation on unfair competition

Chapter II.
Unfair Competition

Article 3. Forms of unfair competition

• copying of economic activity of competitor;
• discrediting of economic activity of competitor;
• interference with economic activity of competitor;
• unfair enterpreunership
• unscrupulous business behavior;
• delusion of consumers.

Article 4. Copying of economic activity of competitor

• unauthorized copying of good of competitor and form of good, its package and out-side design, except those, out-side design of which is conditioned by their technical function;
• direct reconstruction of products of another economic subject through infringement of his patent-license right;
• illegal use of trade market, service mark, proprietary label, trade brand and name of another economic subject, except cases when subject of the same name uses proper name as proprietary label with addition of distinguishing indication.

Article 5. Discrediting of economic activity of competitor

• spreading of false and distorted information about business authority and financial position of other market-oriented subjects;
• disclosure of data about scientific-technical and production capacities of competitor in distorted form.

Article 6. Interference with economic activity of competitor

• premeditated infringement, disruption and termination of business relations of competitor through illegal methods;
• pressure on employees of competitor to incline them to non-commitment to their service duties, through illegal methods.

Article 7. Unfair enterpreunership

• illegal reception, use and disclosure of information about scientific-technical, production or commercial activity of market-oriented subject, including his commercial secret;
• pressure on approval and execution of economic decisions of competitor with aim to gain unreasonable advantage over him, through illegal methods;
• sale of goods with compulsory additional assortment;
• stipulation of unreasonable unilateral advantages in the contracts;
• withdrawal of goods out of economic turnover or their intolerance turnover prior to date of planned increase of prices or with aim to cause increase of prices.

Article 8. Unscrupulous business behavior

• infringement of agreement, concluded with partner (contra-agent) and causing no significant restrictions for economic activity of market-oriented subjects, about refusal from competition or its any form under certain period;
• unreasonable call (address) to other subjects of market with aim to distort business ties of competitor or hampering of establishment of such ties.

Article 9. Delusion of consumers

• spreading of any information, which can delude about origin, method of production, usefulness, quality and other properties of good, personality of producer or characteristic of his activity;
• use of illegal methods to advert goods, affecting freedom for choice of consumer under acquisition or conclusion of deal;
• incorrect comparison of good, which can delude consumer and make public as advertisement or information material;
• procurement of good with incongruous distinguishing indication or marking with aim to delude consumer about consumer and other import properties of good;
• concealment of non-accordance of good to its set or requests.

Article 10. Prohibition on illegal payments in enterpreunership

• for artificial establishment of favorable climate for any economic subject, including awarding of beneficial contracts, credits, subsidies, establishment of beneficial customs duties and tax regime;
• for provision of individual benefits under reception of orders or artificial improvement of general terms of their reception;
• artificial forestalling of competitor in conclusion of contract.

Chapter III. Respomsbility for Offense Against Law

Article 11. Authorities of central body of executive authority, pursuing anti-monopoly and goals of market subjects to observe present Law

• to give compulsory orders for corresponding bodies of executive authority, market-oriented subjects and their officials to terminate offenses and remove their consequences;
• to apply fiscal sanctions and fines in order and upon basis, stipulated by legislation;
• to address to court or arbitration court with lawsuit, concerning transfer of profit, raised under unfair competition, to the budget, and remuneration on losses;
• to submit materials to Prosecutor Office, under signs of crime, concerning offense against Law, in order to institute criminal proceeding.

• to execute compulsory orders of central body of executive authority, pursuing anti-monopoly policy in Republic of Azerbaijan, about termination of offenses and removal of their consequences;
• to transfer profit, raised through legal methods, to the budget in order, stipulated by legislation;
• to remunerate losses;
• to pay the applied fiscal sanctions and fines.

Article 12. Fiscal sanctions and fines

• fiscal sanctions applied to subjects of market are equal to one sum of illegal profit or two sums, if case repeats, under activity, prohibited by article 4 of present Law;
• up 10 per cents or 20 per cent, if action repeats the next year, of total profit of market-oriented subject, raised under unfair competition, is fined under activity, prohibited by articles 5, 6, 7, 8, 9 of present Law;
• up to 10 per cent of profit, raised by subjects of market for the last three months, is fined for non-execution or inopportune execution of compulsory orders, given by central body of executive authority, pursuing anti-monopoly policy in Republic of Azerbaijan;
• up to 5 per cent of profit, raised for the last three months, is fined under conscious submission of apocryphal information or non-submission of requested data to central body of executive authority, pursuing anti-monopoly policy in Republic of Azerbaijan.

• under activity, prohibited by articles 4, 5, 6, 7, 8, 9 of present Law - up 3 monthly salaries;
• under conscious submission of apocryphal information or non-submission of requested information to central body of executive authority, pursing anti-monopoly policy in Republic of Azerbaijan - up to 3 monthly salaries;
• under non-commitment to orders, stipulated by present Law and given by central body of executive authority, pursing anti-monopoly policy in Republic of Azerbaijan, or offense against present Law within a year - up to 5 monthly salaries.

Article 13. Withdrawal of illegal profit and remuneration of losses

Article 14. Responsibility for unfair competition

Article 15. Appeal against orders and resolutions of central body of executive authority, pursing anti-monopoly policy in Republic of Azerbaijan

DECREE OF NATIONAL ASSEMBLY OF REPUBLIC OF AZERBAIJAN
On Application of Law of Republic of Azerbaijan
"Unfair Competition"

• to submit National Assembly proposals about approximation of legislation, applied by Republic of Azerbaijan, to Law of Republic of Azerbaijan "Unfair Competition", in corresponding order and within a month.
• to ensure approximation of normative acts of Government and central executive bodies of Republic of Azerbaijan to Law of Republic of Azerbaijan "Unfair Competition".