Belarus's competition authority – the Ministerstvo antimonopolnogo regulirovaniya i torgovli (Ministry of Antimonopoly Regulation and Trade, known as MART) – has intensified its enforcement activities in 2025. Investigations into cartel arrangements, market dominance abuse, and unfiled merger notifications have accelerated sharply. International companies operating in or through Belarus now face material penalty exposure if their compliance programmes have not been updated to reflect the current enforcement climate.
Belarus's competition authority has broadened the scope of enforcement under competition legislation, targeting market dominance abuse, cartel conduct, and merger notification failures. Companies with a qualifying presence in Belarusian markets must file notifications or risk administrative penalties. The compliance window for addressing internal exposure is narrow – businesses should conduct a self-assessment without delay.
This alert explains which business categories are affected, the threshold criteria that trigger obligations, and the immediate steps international companies should take now.
What has changed in Belarusian competition enforcement
MART has shifted from a largely reactive posture to a proactive enforcement model. Several developments mark this change.
First, the competition authority has increased dawn raids and document requests directed at companies suspected of cartel conduct. Coordination of pricing or supply conditions between competitors – even informal arrangements – now draws heightened scrutiny. The authority has signalled that it will treat evidence of parallel conduct as a basis for opening formal investigations.
Second, MART has tightened oversight of market dominance. Under Belarusian competition legislation, a company holding a dominant position in a relevant market is subject to behavioural restrictions. The authority has widened the categories of conduct treated as an abuse – including discriminatory pricing, refusal to supply, and bundling arrangements. Notably, MART has begun asserting dominance findings against foreign parent entities whose Belarusian subsidiaries or distributors hold qualifying market shares.
Third, merger notification obligations have been enforced more strictly. Belarusian competition legislation requires pre-transaction clearance when the combined turnover or asset thresholds of the parties in Belarus are met. MART has imposed penalties for completed transactions that were not notified, even where the deal was cleared in other jurisdictions. This is a pattern also visible in enforcement trends covered in our alert on competition enforcement in Russia, where parallel CIS-region risks have emerged.
Fourth, MART has issued guidance indicating that leniency programme applications will receive favourable treatment only if submitted before the authority opens a formal investigation. The window to use the leniency programme as a risk-mitigation tool is therefore time-sensitive.
Who is affected and which thresholds apply
The following categories of business face direct exposure under the current enforcement priorities.
Companies with market dominance in Belarus. Belarusian competition legislation sets a threshold. typically a market share above a defined level in a relevant product and geographic market – above which a company is presumed dominant. Once that threshold is met, a wide range of commercial conduct becomes subject to challenge. International businesses that supply goods or services in Belarus through local subsidiaries, distributors, or direct sales channels should assess whether their combined market position crosses this line.
Participants in multi-party supply or distribution arrangements. MART's cartel investigations have covered sectors including food distribution, construction materials, and pharmaceutical supply. Companies participating in trade associations, joint purchasing groups, or co-marketing arrangements should review whether those structures could be characterised as cartel conduct under Belarusian competition legislation.
Acquirers in M&A transactions with a Belarusian nexus. Any transaction where the aggregate Belarusian turnover or asset value of the parties meets the statutory thresholds requires pre-clearance. This applies to deals structured offshore where at least one party has a qualifying Belarusian presence. Failure to notify can result in the transaction being declared void under Belarusian law, in addition to financial penalties.
For companies with active exposure across Belarus and other CIS markets, our team advising on competition law in Belarus can provide a rapid threshold assessment. For matters where competition enforcement intersects with shareholder or contractual disputes, see also our coverage of corporate disputes in Belarus.
To receive an expert assessment of your competition law exposure in Belarus, contact us at info@ferrazwhitmore.com.
Immediate actions for international companies
Given the accelerating enforcement activity, the following steps should be prioritised without delay.
- Conduct a market share audit. Map your company's position across all relevant Belarusian product and geographic markets. If any entity in your group – including distributors operating under exclusive or near-exclusive arrangements – holds a significant share of a defined market, a dominance risk assessment is warranted.
- Review pending and recently completed transactions. Identify any acquisition, joint venture, or asset deal with a Belarusian element that may have crossed the merger notification thresholds. If a qualifying transaction was completed without MART clearance, seek legal advice on voluntary disclosure options before the authority identifies the omission independently.
- Audit inter-company and trade association communications. Any documented coordination on pricing, supply volumes, customer allocation, or market division – even in informal formats – carries cartel risk. Internal compliance teams should review commercial correspondence and association meeting records.
- Assess leniency programme eligibility. If your company has participated in conduct that may qualify as cartel behaviour, a leniency programme application submitted before MART opens a formal investigation can substantially reduce penalty exposure. The opportunity to use this mechanism closes once an investigation begins.
- Update compliance programmes. Belarusian competition legislation has evolved, and internal training materials should reflect current enforcement priorities. This includes guidance to commercial teams on permissible information-sharing with competitors and on the limits of dominant-position conduct.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our team combines Portuguese civil law expertise with English common law tradition to deliver cross-border legal solutions in competition law, merger control, and antitrust compliance. We advise international companies, institutional investors, and in-house legal teams operating in Belarus and across CIS markets on regulatory risk, enforcement response, and transaction clearance. The firm's competition law practice covers both behavioural investigations and merger notification filings before national competition authorities, supported by a network of qualified local counsel. As a law firm with deep knowledge of Belarus's regulatory conditions, we help clients assess market dominance risk, structure leniency programme submissions, and manage MART proceedings. Engaging a lawyer in Belarus with cross-border competition experience is essential when enforcement timelines are short. To discuss your situation and explore your options under Belarusian competition legislation, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.