Article 199. Notification of the presence in actions (inaction) of signs of violation of the legislation of the Republic of Kazakhstan in the field of protection of competition of the Entrepreneurial Code of the Republic of Kazakhstan  

     1. If there are signs of unfair competition, abuse of a dominant or monopolistic position, with the exception of the signs specified in subparagraph 1) of Article 174 of this Code, anticompetitive coordinated actions of market entities, anticompetitive vertical agreements of market entities specified in paragraph 2 of Article 169 of this Code, as well as signs of anticompetitive actions (inaction), agreements of state, local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities, The antimonopoly authority sends a notification to the market entity, state, local executive bodies, organizations endowed by the state with the functions of regulating the activities of market entities on the presence in actions (inaction) of signs of violation of the legislation of the Republic of Kazakhstan in the field of competition protection without conducting an investigation.

     The notification is sent no later than ten working days from the date when the antimonopoly authority became aware of the presence of these signs.

     The procedure for issuing a notification and its form are approved by the antimonopoly authority.

     2. The antimonopoly authority shall decide to conduct an investigation if the organization entrusted by the state with the function of regulating the activities of market entities, state or local executive bodies, or the market entity has not terminated the actions (inaction) specified in the notification within the time limits established by paragraph 2-1 of this article.

     2-1. The deadline for the execution of the notification and the provision of information on its execution is thirty calendar days from the date of its receipt by the organization entrusted by the state with the function of regulating the activities of market entities, state and local executive bodies, and the market entity.

     If additional time is required, an organization endowed by the state with the function of regulating the activities of market entities, state or local executive bodies, or a market entity may apply to the antimonopoly authority for an extension of the notice period no later than three working days prior to the expiration of the notice period.

     The statement of the organization entrusted by the state with the function of regulating the activities of market entities, state and local executive bodies, and market entities necessarily sets out the measures that will be taken to execute the notification and the objective reasons for extending the deadline for executing the notification.

     The Antimonopoly authority, within three working days from the date of receipt of the application, taking into account the arguments set out in it, decides to extend the deadline for the execution of the notification or to refuse to extend it with a reasoned justification.

     The deadline for extending the execution of the notification is no more than thirty calendar days.

     3. If, within one calendar year from the date of the notification, the antimonopoly authority finds in the actions (inaction) for the same organization endowed by the state with the function of regulating the activities of market entities, state, local executive body, market entity, signs of the same violation of the legislation of the Republic of Kazakhstan in the field of competition protection listed in paragraph 1 of this Article, the antimonopoly authority decides to conduct an investigation without notification.

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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