Competition Agency

info-gca@competition.ge
(032) 2 440 770 (EXT 21-74)

On approval of the forms of applications and complaints, rules for their submission and procedures and deadlines related to the admissibility of the application and complaint

Unofficial translation

Order of the Chairman of Competition Agency of Georgia

№ 30/09-1

30 September, 2014 Tbilisi

On approval of the forms of applications and complaints, rules for their submission and procedures and deadlines related to the admissibility of the application and complaint

Pursuant to Articles 171 (4), 23 (7), 25 (13) and 34 (61) of the Law of Georgia on Competition, I

Order:

Article 1

The administrative proceedings of application and complaint and the rule and procedures of investigation be approved in the form enclosed.

Article 2

This Order shall take effect after October 1, 2014.

Chairman of the Agency Giorgi Barabadze

The forms of applications and complaints, rules for their submission and procedures and deadlines related

to the admissibility of the application and complaint

Chapter I

General Provisions

Article 1. Introductory Provisions

  1. The forms of applications and complaints, rules for their submission and procedures and deadlines related to the admissibility of the application and complaint (hereinafter referred to as “Procedure”) is elaborated in accordance with the Law of Georgia on Competition (hereinafter referred to as “Law”).
  2. The present Procedure determines the forms of application and complaints submitted by the legal entity of public law to the Competition Agency (hereinafter referred to as “Agency”) in relation to infringements of provisions foreseen in the Law, as well as the rules for their submission, procedures for admissibility and deadlines.
  3. The procedure is applied to the Law, General Administrative Code of Georgia and other normative acts.

Article 2. Rights and obligations of parties involved in investigation

  1. Applicant/complainant and parties shall be obliged to provide the Agency with important information about the case.
  2. Applicant/complainant and parties shall be entitled to provide the Agency with their own opinions and information related to the case.
  3. Applicant/complainant shall be entitled to have attorney and/or representative in the course of investigation.
  4. Applicant/complainant shall have the right to get acquainted with the materials of the case pursuant to rule set forth in article 99, of General Administrative Code of Georgia.
  5. Applicant/complainant or the parties shall be entitled to recuse the employee of the Agency, at any stage of investigation in the course of investigation.
  6. Applicant/complainant shall have the right to revoke application/complaint, at any stage of the investigation, submitted in the agency. The Agency is entitled to use the information of the application/complaint submitted before the revoking for its own initiative to investigate the case.

Article 3. Grounds of recusal

  1. Complainant, whose case is examined, shall have the right to recuse an employee of the agency, who is interested in the pending case.
  2. The grounds for the recusal are the existence of the interest of conflict set forth in Article 21 of the Law.
  3. Chairman of the Agency reviews and shall make a decision on recusal.
  4. In the case of Article 21 (2) of the Law, if there are relations, provided for in Article 19 of the Tax Code of Georgia between authorized person of the Agency and economic agent, against whom the investigation is carried out by the agency, a relevant employee of the agency must recuse himself/herself.

Article 4. Public and confidential information

  1. Decisions taken by the Agency, as well as research, during the course of investigation shall be public, except of confidential information provided for in Article 20 of the Law.
  2. Disclosure of confidential information shall be executed pursuant to Legislation of Georgia.

Chapter II. Admissibility of the application and complaint

Article 5. The form and rule for submission of application and complaint

  1. The person must submit to the Agency filled application in accordance with Annex N1, which must contain the following information:

a) Identity of applicant, contact information and address;

b) Information or evidence (if applicable) to the effect that the Law is significantly infringed;

c) List of documents attached to the application, if applicable;

d) Date of the submission of the application and signature of the applicant.

  1. Economic agent must submit to the Agency filled complaint in accordance with Annex N2 which must contain the following information:

a) Complainant (identity, ID number, contact information and address);

b) The representative of the complainant (first name, last name, address, telephone number);

c) Defendant economic agent (first name, last name, ID Code, address, contact information);

d) Type of complaint, a detailed description of the case, also circumstances and evidence to the effect that the Law has been infringed, as a result of which he/she is suffering property damage;

e) Remarks and additions;

f) List of documents attached to the complaint, if applicable;

g) Date of the submission of the complaint and signature of the complainant.

  1. The application/complaint shall be considered to be lodged upon its registration in the Agency.

Article 6. Receiving a complaint or application for review

  1. The Agency shall within 3 working days after the receipt of the application/complaint examine compliance of the application/complaint with the requirements of Articles 5 and 12(3) of the present Procedure.
  2. If the application/complaint does not meet the requirements set forth in article 5 of the present rule and the Law, provisions of Article 83 of the General Administrative Code shall apply.
  3. Applicant/complainant relating to the regulated economic fields of economics will be forwarded to the appropriate regulatory commission for inquiry.

Article 7. Admissibility of the application and complaint

  1. The Agency shall study the application/complaint within 30 days after its submission, however depending on the complexity of the case the set time may be extended by the Agency for no more than 15 days. In the said time frame the Agency shall make decision on commencement of investigation or on refusal of commencement of investigation, on which it shall immediately inform the applicant/complainant.
  2. After receiving the application for the review the Agency shall define the relevant economic agent/agents and within 5 working days shall inform about the application and give possibility to submit its/their own remarks/opinions regarding the application.
  3. Within 5 working days after the reviewing of the complaint the Agency is obliged to notify the defendant economic agent about the submitted complaint and fix time for submission of remarks/opinions pursuant to the Article 8 (3) of this Rule. The defendant economic agent shall be authorized to submit own remarks/opinion with respect to the complaint within the time frame set forth by the Agency.
  4. The Agency shall be authorized, in case of necessity, to request from the applicant and/or complainant submission of additional information and/or evidence and define a time frame for their submission, which is a ground for suspension of the time determined in the first point of the present Article.
  5. The submission of the information and/or evidence by the applicant and/or complainant within the stipulated time frame by the Agency is a ground for renewal of the time determined in the first point of the present Article.

Chapter III. Request for Information and/or evidence

Article 8. Agency’s right to request information and/or evidence

  1. The Agency shall be authorized to request additional information and/or evidence, which will contribute to determination of important circumstances of the case, from the applicant and/or complainant;
  2. In the Agency’s application on request of information and/or evidence shall be stated legal basis for the request of information, the subject-matter, purpose and time-limit within which the information shall be provided, as well as possible effects of non-delivery of information and the possibility and time frame for its appeal shall be noted.
  3. The time-limit set forth in point 2 of the present Article may not be less than 5 days. The Agency shall be authorized to extend the time frame for delivery of document and/or information on the basis of a reasoned application, but only once and for no more than 15 days.

Article 9. Delivery of Information and/or evidence

Information and/or evidence shall be considered to be delivered if it is fully submitted to the Agency’s official address within the time frame set forth in Article 8 (3) of this Procedure (in certain circumstances, to the official electronic address).

Article 10. Non-delivery of information and/or evidence

  1. Following shall be considered as non-delivery of information:

a) Intentional delivery of incorrect information;

b) Incomplete delivery of requested information;

  1. A reasoned response on the non-availability of the requested information submitted within the time frame stipulated in Article 8 shall not be considered as non-delivery of information and/or evidence.

Article 11. Results of non-delivery of information and/or evidence

  1. Non-delivery of the information and/or evidence submitted within the time frame stipulated in this Procedure is the ground of refusal.

Chapter IV. Decision of the Agency and the rule of Appeal

Article 12. Decision of the Agency

  1. Chairman of Competition Agency on the basis of applicant/complaint takes a decision on admissibility of the application/complainant or about the refusal, within the timeframe defined in the Article 7 (1) of the present Procedure.
  2. The decision on admissibility of the application/ complaint is the ground for launching the investigation by the Agency.
  3. The decision on refusal of admissibility of the application/complaint or the existence of the decision which is based on the investigation is the ground for refusal the admissibility of the repeated applications and/or complaint on the same issue or with the same grounds by the same person, if there are no newly discovered circumstances.

Article 13. The rule of Appeal against the decision

The decision of the Agency can be appealed to the Tbilisi City Court, as prescribed in the Article 28 (2) of the Law on Competition and in Chapter XIII of Administrative Code of Georgia.

Annex N1

Application

  1. General Information

Applicant:

  • First name, last name:

  • Address:

  • Telephone number:

  1. Information

(Please specify the alleged infringement)

  1. A detailed description of the case

Please list all the information you have regarding this particular case in detail. Justify your reasoning with the facts and arguments

  1. Evidences (if applicable)

  1. List of documents attached to the application (if applicable)
  • Name:
  • Name:
  • Name:
  • Name:
  • Name:

I hereby certify that all the information submitted in the application is true and I am aware of the legal consequences of the legislation if incorrect information is provided.

Applicant --------------- Signature ---------------

Date: ---------------

Annex N2

Complaint

  1. General Information
  • Complainant:

1. Name/Title (Personal identification number or identifying number if physical and legal entities):

2. Address:

4. Telephone number:

5. E-mail:

  • The representative of the complainant:
  1. First name, last name:
  2. Address:
  3. Telephone number:

  • Defendant economic agent

1. Name/Title (Personal identification number or identifying number if physical and legal entities):

2. Address:

3. Contact Information:

2. The type of the complaint

(Please specify the alleged infringement)

1. A detailed description of the case

Please list all the information you have regarding this particular case in detail on standing and/or possible damage. Justify your reasoning with the facts and arguments

  1. Evidences
  2. Evidence, to which you confirm the above-mentioned circumstances (Appendix N)
  1. Evidence, to which you confirm the above-mentioned circumstances (Appendix N)

  1. Evidence, to which you confirm the above-mentioned circumstances (Appendix N)

  1. Evidence, to which you confirm the above-mentioned circumstances (Appendix N)

  1. Evidence, to which you confirm the above-mentioned circumstances (Appendix N)

  1. Evidence, to which you confirm the above-mentioned circumstances (Appendix N)

  1. Evidence, to which you confirm the above-mentioned circumstances (Appendix N)

  1. Remarks and Additions

(Information about what kind of legal consequences can stand after the LEPL Competition Agency study the case (indicate the estimated provision)

Other remarks and additions

  1. List of documents attached to the complaint (if applicable)
  • Name:
  • Name:
  • Name:
  • Name:
  • Name:

I hereby certify that all the information submitted in the application is true and I am aware of the legal consequences of the legislation if incorrect information is provided.

Complainant: --------------- Signature ---------------

Date: ---------------