Kazakhstan (July 7, 2006)

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Score = 24

Governed by: Law of the Republic of Kazahkstan on Competition on Restriction of Monopolistic Activities, Law No. 173-III of July 7, 2006 [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 2 extends the scope of the Law to activities affecting competition in Kazakhstan
Remedies Fines 1 Article 38 gives the antimonopoly authority the right to impose fines.
Prison Sentences 0
Divestitures 1 Article 29 allows the government to force divestiture of monopolies.
Private Enforcement 3rd Party Initiation 1 Article 21 allows third parties to notify the government about monopoly violations and trigger an investigation.
Remedies Available to 3rd Parties 1 Article 38 says that parties who violate the competition law are subject to civil damages.
3rd Party Rights in Proceedings 1 Article 16 allows third parties to participate when the antimonopoly authority considers merger applications.


Merger Notification Voluntary 0
Mandatory 3 Article 13 says that consent of the antimonopoly authority is required before specified mergers/acquisitions/deals occur.
Pre-merger 2
Post-merger 0
Merger Assessment Dominance 1 Article 12 defines regulated mergers as those establishing a market share of over 35%.
Restriction of Competition 1 Article 14 says that a merger may be disallowed if it would restrict competition.
Public Interest (Pro D) 1 Article 14 allows the antimonopoly authority to permit mergers if the positive effects will outweigh the restrictions on competition.
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 14 allows the antimonopoly authority to permit mergers if the positive effects will outweigh the restrictions on competition.
Dominance Limits Access 1 Article 10(7)prohibits a dominant company from unreasonably limiting its output.
Abusive Acts 1 Article 10 prohibits abuse of a dominant position.
Price Setting 1 Article 10(1) prohibits price setting (low and high).
Discriminatory Pricing 1 Article 10(2) prohibits discriminatory pricing/conditions.
Resale Price Maintenance 1 Article 10(3) prohibits fixing conditions of resale price.
Obstacles to Entry 1 Article 10 prohibits actions which create limitations to entry or remove competition.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 7(1) prohibits price fixing.
Tying 0
Market Division 1 Article 7(3) prohibits segmenting markets.
Output Restraint 1 Article 7(4) prohibits agreements to restrict production.
Market Sharing 0
Eliminating Competitors 1 Article 7(6) prohibits acts that eliminate competitors and restrict market access.
Collusive Tendering/Bid-Rigging 1 Article 7(2) prohibits bid rigging.
Supply Refusal 1 Article 7(5) prohibits ungrounded refusal to deal.
Efficiency Defense 0

References

  1. Translated Act on World Bank website, http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/CompetitivenesandMonopolyRestrictionLaw20060707_eng.pdf