Administrative lawyer, the case was dismissed for lack of evidence of an administrative offense
By the decree of the Aktobe City CAC dated November 23, 2017, the proceedings in the case of an administrative offense against LLP "R" under part 3 of Article 159 of the Administrative Code were terminated due to the absence of an administrative offense. According to the protocol, the Partnership abused its dominant position, which resulted in the establishment of a monopolistically high selling price of 17 tenge per 1 egg of the first category in the period from June 29 to July 6, 2016. Income (revenue) from the sale of products in this period amounted to 18 561 960 tenge, monopoly income – 1,091 880 tenge. By terminating the proceedings, the court concluded that there was no evidence indicating the establishment of a monopolistically high price, and that the price change from the previous period had led or was leading to restrictions on access to the relevant commodity market, the prevention, restriction and elimination of competition, and infringement of the legitimate rights of a market participant or an indefinite circle of consumers. So, according to the comparative table of prices for chicken eggs of wholesale sellers with a difference of 1 tenge from the price set by LLP "A" and IP "Zh", from June 29 to July 6, 2016, the Partnership set the price per egg of the first category at 17.0 tenge, then in subsequent analyzed periods the price varied from 16 up to 19 tenge and was not the highest among other wholesale sellers of chicken eggs.
Administrative lawyer, the case was dismissed for lack of evidence of an administrative offense
Meanwhile, the Conclusion based on the results of the investigation dated October 3, 2017 (hereinafter referred to as the conclusion) does not contain information that the establishment by the Partnership of a monopolistically high selling price of 17 tenge per 1 egg of the first category in the period from June 29 to July 6, 2016, that is, a higher price compared to in the previous period, it led or leads to restriction of access to the relevant commodity market, prevention, restriction and elimination of competition, and/or infringement of the legitimate rights of a market participant or an indefinite circle of consumers. Moreover, it follows from the conclusion that, according to the calculation, the price for the production of one chicken egg by the Partnership for the month of June 2016 is 18.69 tenge. In this regard, the establishment by the Partnership of a selling price in the amount of 17 tenge per 1 piece of chicken egg of the first category in the period from June 29 to July 6, 2016 does not exceed the amount required for its production and sale.
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