Article 194. Anticompetitive actions (inaction), agreements of state and local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities of the Entrepreneurial Code of the Republic of Kazakhstan  

     1. Anticompetitive actions (inaction) of state and local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities, in the implementation of their state functions or the provision of state support measures, expressed in actions (inaction), adoption of acts or decisions that are prohibited and invalidated in full or in part in accordance with the procedure established by the legislation of the Republic of Kazakhstan. have led or may lead to the restriction or elimination of competition, except in the following cases:, provided for by the laws of the Republic of Kazakhstan in order to protect the constitutional order, protect public order, human rights and freedoms, public health and morals.

     2. Anticompetitive actions (inaction) of state and local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities are recognized, among other things:

     1) the introduction of restrictions on the creation of a market entity in any field of activity;

     2) unjustified obstruction of the market entity's activities;

     3) the establishment of prohibitions or restrictions on the free movement of goods, other restrictions on the rights of a market entity to sell goods;

     4) instructions to the market entity on the priority supply of goods for a certain category of buyers or the priority purchase of goods from certain sellers (suppliers) or the conclusion of priority contracts;

     5) the establishment of restrictions for purchasers of goods on the choice of market entities that provide such goods;

     6) actions aimed at raising, lowering or maintaining prices;

     7) actions aimed at dividing the commodity market according to the territorial principle, the volume of sale or purchase of goods, the range of goods sold, or the composition of sellers (suppliers) or buyers;

     8) restriction of access to the commodity market, withdrawal from the commodity market, or removal of market entities from it;

     9) providing certain market entities with benefits or other advantages that put them in a privileged position relative to competitors, or creating unfavorable or discriminatory business conditions in comparison with competitors;

     10) direct or indirect coercion of market entities to conclude contracts as a matter of priority, to supply goods to a certain circle of consumers as a matter of priority, or to purchase goods from certain sellers (suppliers) as a matter of priority.

     11) failure to provide market participants with equal access to government support measures for private entrepreneurship.

     3. Agreements between state, local executive bodies, local self-government bodies, organizations endowed by the state with the functions of regulating the activities of market entities, or between them and market entities, are prohibited if such agreements lead or may lead to restriction or elimination of competition, except in cases provided for by the laws of the Republic of Kazakhstan in order to protect the constitutional order, protect public order, human rights and freedoms, public health and morals, as well as international treaties, ratified by the Republic of Kazakhstan.

     3-1. Are prohibited in the provision of state support measures for private entrepreneurship:

     1) restriction of access to government support measures for new market entities;

     2) imposing additional obligations on private business entities, which in their content do not relate to the subject of state support;

     3) collection of fees and other payments not provided for by the legislation of the Republic of Kazakhstan;

     4) coordination of the activities of recipients of state support measures, if this action leads or may lead to the prevention, restriction or elimination of competition.

     3-2. The introduction of new measures of state support for private entrepreneurship, the draft regulatory legal act defining the procedure for the provision of measures of state support for private entrepreneurship, are subject to approval by the antimonopoly authority in compliance with the requirements of paragraph 3-1 of this Article.

     When the antimonopoly authority approves the introduction of new measures of state support for private entrepreneurship, the draft regulatory legal act defining the procedure for the provision of measures of state support for private entrepreneurship takes into account:

     1) the level of concentration of the commodity market;

     2) the presence of economic, technological, and administrative barriers to entry into the commodity market;

     3) the share of participation of small and medium-sized enterprises;

     4) the dynamics of the emergence of new market entities;

     5) balance of the commodity market, satisfaction of domestic demand;

     6) the level of government participation in entrepreneurship in the relevant commodity market;

     7) achievement of goals, target indicators, objectives and indicators for the development of competition in the commodity market, approved by the documents of the state planning system;

     8) other documented circumstances that determine the priority of state support measures for private entrepreneurship, taking into account the state of competition in the commodity market.  

     3-3. The provisions of paragraphs 1, 2, 3-1 and 3-2 of this Article shall not apply to the implementation of a set of anti-crisis measures to support the economy, stimulate business activity and employment initiated on behalf of the President of the Republic of Kazakhstan.

     4. The draft conclusion on the results of the investigation of violations of the legislation of the Republic of Kazakhstan in the field of protection of competition in respect of the National Bank of the Republic of Kazakhstan is handed over or sent by letter with notification to the object of investigation at least thirty calendar days before the end of the investigation.

     5. In case of disagreement with the arguments given in the draft conclusion on the results of the investigation of violations of the legislation of the Republic of Kazakhstan in the field of protection of competition and the treatment of the National Bank of the Republic of Kazakhstan within at least twenty calendar days before the completion of the investigation, the official (officials) of the antimonopoly authority shall The draft conclusion on the results of the investigation of violations of the legislation of the Republic of Kazakhstan in the field of competition protection is submitted for consideration by the conciliation commission., which includes representatives of the National Bank of the Republic of Kazakhstan and the antimonopoly authority.

     6. The Conciliation Commission shall consider the draft opinion submitted within no more than five calendar days from the date of submission for its completeness and the quality of the evidence provided in it of violations of the legislation of the Republic of Kazakhstan in the field of competition protection, with the invitation to a meeting of persons participating in the investigation.

     7. Based on the results of the review of the draft opinion, the conciliation commission makes comments and recommendations on the presence (absence) of comments.

     If the antimonopoly authority accepts comments on the draft opinion, it is finalized and resubmitted to the conciliation commission no later than five calendar days.

     If the antimonopoly authority does not accept comments to the draft opinion, the reasons for disagreement are provided to the conciliation commission.

     The decision of the antimonopoly authority to approve the conclusion is taken in the absence of comments from the conciliation commission on the draft conclusion and is formalized by order of the antimonopoly authority within no more than ten calendar days from the date of completion of the investigation.

     8. The procedure of the conciliation commission and its composition are determined by the antimonopoly authority in coordination with the National Bank of the Republic of Kazakhstan.

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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