Article 174. Abuse of a dominant or monopolistic position of the Entrepreneurial Code of the Republic of Kazakhstan
Actions (inaction) of market entities occupying a dominant or monopolistic position are prohibited, which have led or lead to restriction of access to the relevant commodity market, prevention, restriction and elimination of competition and (or) infringe on the legitimate rights of a market entity or an indefinite circle of consumers, including such actions as:
1) establishment and maintenance of monopolistically high (low) or monopsonally low prices;
2) the application of different prices or different conditions to equivalent agreements with market participants or consumers without objectively justified reasons, except in cases where the application of different prices is due to different costs of production, sale and delivery of goods, non-discriminatory application of a discount system that takes into account sales volumes, payment terms, and the duration of the contract.;
3) the establishment of restrictions on the resale of goods purchased from him based on territorial characteristics, the circle of buyers, the terms of purchase, as well as quantity and price;
4) conditioning or imposing the conclusion of an agreement by accepting additional obligations by a market entity or consumer, which in their content or according to business practices do not relate to the subject of these agreements;
5) unjustified refusal to conclude a contract or to sell goods with individual buyers if, at the time of application, it is possible to produce or sell the relevant goods, or evasion expressed in the failure to respond to the proposal to conclude such a contract within a period exceeding thirty calendar days.
In this case, refusal or evasion is considered justified if, at the time of the buyer's request, there is no required volume of goods being produced or sold, including in connection with the conclusion of contracts for the sale of the relevant goods.;
6) conditioning the supply of goods by accepting restrictions on the purchase of goods produced or sold by competitors;
7) unjustified reduction in production and (or) supply, or termination of production and (or) supply of goods for which there is demand or orders from consumers, market participants, if production or supply is possible;
8) withdrawal of the goods from circulation, if the result of such withdrawal was an increase in the price of the goods;
9) imposing economically or technologically unjustified contract terms on the counterparty that are not related to the subject of the contract;
10) creating obstacles to other market entities' access to or exit from the commodity market;
11) economically, technologically or otherwise unjustified setting of different prices (tariffs) for the same product, creating discriminatory conditions.
12) failure to provide equal access to key capacity.
13) unjustified refusal or evasion from selling goods on commodity exchanges in cases where such sale is mandatory in accordance with the laws of the Republic of Kazakhstan.
The footnote. Article 174 as amended by the Laws of the Republic of Kazakhstan dated 12/28/2016 No. 34-VI (effective from 01.01.2017); dated 05/24/2018 No. 156-VI (effective after ten calendar days after the date of its first official publication); dated 01/3/2022 No. 101-VII (effective after sixty calendar days after the day of its first official publication).
President
Republic of Kazakhstan
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