Article 159. Monopolistic activity of the Code of the Republic of Kazakhstan On Administrative Offenses  

     1. Anticompetitive agreements of market entities prohibited by the Business Code of the Republic of Kazakhstan, if these actions do not contain signs of a criminal offense, –

     A fine of three per cent is imposed on small or medium–sized businesses or non-profit organizations, and five per cent on large businesses of the income (revenue) received as a result of monopolistic activities, with confiscation of the monopoly income received as a result of monopolistic activities for no more than one year.

     2. Anticompetitive coordinated actions of market entities prohibited by the Business Code of the Republic of Kazakhstan, if these actions do not contain signs of a criminally punishable act, –

     A fine of three per cent is imposed on small or medium–sized businesses or non-profit organizations, and five per cent on large businesses of the income (revenue) received as a result of monopolistic activities, with confiscation of the monopoly income received as a result of monopolistic activities for no more than one year.

     3. Abuse by market entities of their dominant or monopolistic position by establishing, maintaining monopolistically high (low) or monopsonally low prices, prohibited by the Business Code of the Republic of Kazakhstan, if these actions do not contain signs of a criminally punishable act, –

     A fine of three per cent is imposed on small or medium–sized businesses or non-profit organizations, and five per cent on large businesses of the income (revenue) received as a result of monopolistic activities, with confiscation of the monopoly income received as a result of monopolistic activities for no more than one year.

     3-1. Abuses by market entities of their dominant or monopolistic position, with the exception of establishing and maintaining monopolistically high (low) or monopsonally low prices, prohibited by the Business Code of the Republic of Kazakhstan, if these actions do not contain signs of a criminally punishable act, –

     They impose a fine on small or medium–sized businesses or non-profit organizations in the amount of three, and on large businesses in the amount of five percent of the income (revenue) received as a result of monopolistic activities.

     4. The actions provided for in parts one, two, three and 3-1 of this Article, committed repeatedly within a year after the imposition of an administrative penalty, –  

     A fine of five per cent is imposed on small or medium–sized businesses or non-profit organizations, and ten per cent on large businesses of income (revenue) received as a result of monopolistic activities, with confiscation of monopoly income received as a result of monopolistic activities for no more than one year.

     5. Coordination by individuals and (or) legal entities of the economic activities of market entities, capable of leading, leading or leading to any form of anticompetitive agreements of market entities prohibited by the Business Code of the Republic of Kazakhstan, –

     entails a fine for individuals in the amount of one hundred and fifty, for small businesses or non–profit organizations – in the amount of three hundred and fifty, for medium–sized businesses - in the amount of five hundred, for large businesses - in the amount of one thousand monthly calculation indices.

     6. The action provided for in part five of this article, committed repeatedly within a year after the imposition of an administrative penalty, –  

     entails a fine for individuals in the amount of two hundred, for small businesses or non–profit organizations – in the amount of three hundred and fifty, for medium–sized businesses - in the amount of seven hundred, for large businesses - in the amount of one thousand five hundred monthly calculation indices.

     Note.

     A market entity that has committed an administrative offense in the form of an anticompetitive agreement or anticompetitive concerted actions is exempt from administrative liability if the following conditions are met::

     1) by the time a market entity informs the antimonopoly authority about anticompetitive agreements or anticompetitive concerted actions, the antimonopoly authority has not received information about these anticompetitive agreements or anticompetitive concerted actions from other sources;

     2) a market entity takes urgent measures to terminate its participation in anticompetitive agreements or anticompetitive concerted actions;

     3) the market entity provides full information on the facts of anticompetitive agreements or anticompetitive concerted actions throughout the investigation from the moment of the application.;

     4) a market entity voluntarily compensates consumers for damage caused as a result of anticompetitive agreements or anticompetitive concerted actions.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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