The Competition Protection Commission Terminates Administrative Proceedings Based on Application from 'New Generation School' NGO

The Competition Protection Commission of the Republic of Armenia has terminated the administrative proceedings initiated based on the application of the president of the 'New Generation School' NGO.

The 'New Generation School' NGO, which provides electronic journals, diaries, and a number of related services through its website www.dasaran.am, had submitted a complaint to the commission against the Ministry of Education, Science, Culture, and Sport of the Republic of Armenia, alleging that the ministry and its officials had taken several actions aimed at driving the Dasaran platform out of the market.

According to the applicant, the online electronic journal service offered within the framework of the 'National Center for Educational Technologies' (NCET) Education Management Unified Information System (emis.am) has been imposed on public schools since March 2020, and discriminatory conditions have been established and applied against market operators, limiting competition.

As a result of the proceedings, the commission noted that the actions and behavior of the Ministry of Education, Science, Culture, and Sport of Armenia could not be classified as limiting, preventing, or prohibiting economic competition by a state body or its officials. Specifically, the ministry's activities regarding the compilation of journals do not constitute a subject of entrepreneurial activity; therefore, the NCET is not considered an economic operator. Consequently, the ministry's stance on managing journals through the Education Management Unified Information System (emis.am) cannot create unequal competitive conditions between 'New Generation School' NGO and the NCET.

At the same time, the commission acknowledged that it is possible to conduct entrepreneurial activity by utilizing the information available in electronic journals, provided that such activity is not included in the management of administrative registries and in the educational processes defined by regulatory legal acts. In this case, if the information obtained through electronic journals is used solely by the NCET for the purpose of conducting entrepreneurial activities, the NCET would hold a monopoly position, which is unacceptable under the law.

Considering the above, the commission has recommended the Ministry of Education, Science, Culture, and Sport to address the issue of providing the opportunity for economic operators, including the NCET, to obtain information included in electronic journals in compliance with the requirements of the law on the protection of economic competition, clearly delineating the boundaries and conditions for conducting entrepreneurial activities in that area from the implementation of activities included in the administrative registry management and within the framework of the educational processes defined by regulatory legal acts.