Kazakhstan (January 19, 2001)

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Score = 22

Governed by: Law No. 144 of 19 January 2001 of the Republic of Kazakhstan Concerning Competition and Restriction of Monopolistic Activities. [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 2 extends the scope to all entities affecting competition in Kazakhstan.
Remedies Fines 1 Article 21 gives the antimonopoly body the right to impose fines.
Prison Sentences 0
Divestitures 1 Article 12 gives the antimonopoly body the right to reorganize a monopolistic company.
Private Enforcement 3rd Party Initiation 1 Article 21 says that sometimes heads of other market entities can be requires to stop violations.
Remedies Available to 3rd Parties 1 Article 21 says that other market entities can recover damages.
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Article 17 says that the antimonopoly body requires prior notification of any acquisition of 35% or more of another company.
Pre-merger 2
Post-merger 0
Merger Assessment Dominance 1 Article 17 allows the antimonopoly body to disallow a merger if it strengthens a dominant position.
Restriction of Competition 1 Article 17 says that the merger can be deemed invalid if it would have a significant impact on competition.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 16(4) prohibits restricting access to goods to drive up prices.
Abusive Acts 1 Article 16(4) lists several things that are considered abusive acts.
Price Setting 1 Article 16(4) prohibits price setting (low and high)
Discriminatory Pricing 1 Article 16(4) prohibits discriminatory pricing/conditions.
Resale Price Maintenance 0
Obstacles to Entry 1 Article 16(4) prohibits the restriction of entry to the commodity market.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 14(6) prohibits price fixing.
Tying 0
Market Division 0
Output Restraint 1 Article 14 prohibits agreements to restrict production.
Market Sharing 1 Article 14(1)(3) prohibits market sharing.
Eliminating Competitors 1 Article 14(4) prohibits acts that eliminate competitors and restrict market access.
Collusive Tendering/Bid-Rigging 1 Article 14(7) prohibits collusive tendering.
Supply Refusal 1 Article 14(5) prohibits group boycotts.
Efficiency Defense 0

References

  1. Translated Act on Global Competition Forum website: http://www.globalcompetitionforum.org/regions/asia/Kazakhstan/Kazaki%20Com.pdf