Article 216. Grounds for launching an investigation into violations of the legislation of the Republic of Kazakhstan in the field of competition protection, the Entrepreneurial Code of the Republic of Kazakhstan  

     1. The Antimonopoly Authority, within the limits of its powers, investigates violations of the legislation of the Republic of Kazakhstan in the field of competition protection and makes a decision based on the results of the investigation.

     Investigation means the activities of the antimonopoly authority aimed at collecting factual data confirming or refuting the commission of violations of the legislation of the Republic of Kazakhstan in the field of competition protection, in accordance with the procedure provided for by this Code.

     2. The basis for launching an investigation is the receipt by the antimonopoly authority of information on violations of the legislation of the Republic of Kazakhstan in the field of competition protection, which are:

     1) materials received from government agencies indicating a violation of the legislation of the Republic of Kazakhstan in the field of protection of competition or its signs;

     2) the appeal of an individual and (or) a legal entity indicating signs of violation of the legislation of the Republic of Kazakhstan in the field of protection of competition;

     3) detection by the antimonopoly authority, when carrying out its activities, of signs of violation of the legislation of the Republic of Kazakhstan in the field of competition protection in the actions of a market entity, state bodies, and local executive bodies;

     4) mass media reports on the presence of signs of violations of the legislation of the Republic of Kazakhstan in the field of competition protection received by the antimonopoly authority;

     5) failure by a market entity, a state body, a local executive body, or an organization endowed by the state with the functions of regulating the activities of market entities to notify the antimonopoly authority of the presence in the actions (inaction) of a market entity, state, local executive bodies, or an organization endowed by the state with the functions of regulating the activities of market entities of signs of violation of the legislation of the Republic of Kazakhstan in the field of protection competition within the prescribed period.

     3. The beginning of an investigation is formalized by an order to conduct an investigation.

     4. A copy of the investigation order shall be sent to the applicant and the object of investigation no later than three working days from the date of its signing, with the exception of the objects of investigation whose actions show signs of a cartel.

     A copy of the investigation order is given to the objects of investigation whose actions show signs of a cartel at the time of the investigation.

     The footnote. Article 216 as amended by the Laws of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (effective after ten calendar days after the date of its first official publication); dated 03.01.2022 No. 101-VII (effective after sixty calendar days after the date of its first official publication).  

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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