Article 170. Anticompetitive coordinated actions of market entities of the Entrepreneurial Code of the Republic of Kazakhstan  

     1. Coordinated actions of market entities engaged in the production and sale of goods aimed at restricting competition, including those related to:

     1) setting and (or) maintaining prices or other conditions for the purchase or sale of goods;

     2) unjustified restrictions on the production or sale of goods;

     3) unjustified refusal to conclude contracts with certain sellers (suppliers) or buyers;

     4) the application of discriminatory conditions to equivalent contracts with other entities.

     2. The actions of market entities specified in paragraph 1 of this article may be recognized as coordinated if they collectively meet the following conditions::

     1) these actions limit competition;

     2) the result of such actions corresponds to the interests of each of the market entities;

     3) the actions of market participants are known in advance to each of them in connection with a public statement by one of them or the public posting of information by one of them about the commission of such actions;

     4) the actions of each of these market entities are caused by the actions of other market entities participating in coordinated actions;

     5) the actions of market entities are not the result of circumstances that equally affect these market entities (changes in the tax and other legislation of the Republic of Kazakhstan, consumption dynamics, tariffs for services of natural monopolies, prices for raw materials and goods used in the production and sale of goods);

     6) the total share of market entities in the relevant commodity market is thirty-five percent or more. At the same time, the minimum share of one market entity in the relevant commodity market should be five percent or more.

     3. The actions of market entities referred to in paragraph 1 of this article shall be deemed agreed, regardless of the existence of a written agreement.

     4. Coordinated actions are allowed if they are committed by market entities belonging to the same group of persons and are aimed at:

     1) improving the production (sale) of goods through the introduction of advanced technologies, standardization, quality control system, environmental protection, providing consumers with a proportionate part of the benefits received;

     2) development of small and medium-sized enterprises;

     3) development and application of standardization documents.

     The footnote. Article 170 as amended by the Laws of the Republic of Kazakhstan dated December 28, 2016 No. 34-VI (effective from 01.01.2017); dated October 05, 2018 No. 184-VI (effective six months after the date of its first official publication); dated October 28, 2019 No. 268-VI (effective ten calendar days after the date of its first official publication).  

President    

Republic of Kazakhstan     

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