Participating in the formation of state policy in the field of unfair competition and ensuring the implementation of that policy has been identified as one of the main activities of the Service.
According to Part II of Article 15 of the Constitution of the Republic of Azerbaijan, the Azerbaijani state creates conditions for the development of a socially oriented economy on the basis of market relations, guarantees free enterprise, prevents monopolies and unfair competition in economic relations.
"On unfair competition"
The Law of the Republic of Azerbaijan defines the organizational and legal basis for the prevention and elimination of unfair competition, creates a legal basis for fair business activities, and provides for the responsibility of market participants for the use of unfair competition methods.
It is a form of struggle among market participants for the most favorable conditions of entrepreneurial activity, in which their independent activity substantially limits the ability of each to influence the general state of trade in goods (products, works, services) and stimulates the production of consumer goods;
actions of a market entity aimed at gaining an advantage in entrepreneurial activity in ways contrary to the existing legislation and unfair, which may harm other market entities (competitors) or damage their business reputation;
Is a market entity that can export goods to a market for a particular commodity (interchangeable commodity).
The implementation of the legislation on unfair competition shall be monitored by the central executive body implementing antitrust policy in the Republic of Azerbaijan and other bodies provided for in the legislation within their powers.
There are the following forms of unfair competition in business:
Imitation of the economic activity of the opponent;
Discrediting the opponent's economic activity;
Interference in the economic activity of the opponent;
Unfair entrepreneurial activity;
Unfair business behavior;
These actions are prohibited by the Law of the Republic of Azerbaijan “On Unfair Competition” and the legislation provides for liability for such actions.
The Law of the Republic of Azerbaijan “On Unfair Competition” is an integral part of the antitrust legislation of the Republic of Azerbaijan.
Cases on violation of antitrust law are considered in accordance with the "Rules for consideration of cases on violation of antitrust law" approved by the Cabinet of Ministers of the Republic of Azerbaijan dated May 29, 1998 No. 120.
According to the above-mentioned rules, the Antimonopoly body carries out cases on violation of antimonopoly legislation on the basis of appeals of market entities, public organizations and other non-profit organizations of the executive and administrative bodies, as well as public legal entities, materials of relevant state bodies, periodicals, looks. Cases of violation of antitrust law may also be considered at the initiative of the Antimonopoly body.
Appeals on violation of antimonopoly legislation shall be submitted to the Antimonopoly body by submitting a written application, attaching the original documents confirming the fact of violation of antimonopoly legislation or duly certified copies of these documents. Documents prepared in a foreign language shall be submitted with their duly certified translation into the Azerbaijani language. The application on violation of antitrust law must contain information about the applicant and the complainant, an explanation of the fact of violation of antitrust law, the essence of the applicant's claims.