Article 222. Suspension and resumption of the investigation into the 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. The antimonopoly authority has the right to suspend the investigation of violations of the legislation of the Republic of Kazakhstan in the field of competition protection in the following cases::

     1) consideration by the antimonopoly authority, court, and criminal prosecution authorities of another case relevant to the investigation of violations of the legislation of the Republic of Kazakhstan in the field of competition protection;

     2) conducting another investigation of violations of the legislation of the Republic of Kazakhstan in the field of protection of competition in relation to the same object of investigation;

     3) conducting an expert examination;

     4) the need to analyze the state of competition in the commodity markets if, during the investigation of violations of the legislation of the Republic of Kazakhstan in the field of competition protection, it is established that despite exceeding a share of fifty percent in the market of a certain product, the position of the market entity in the commodity market is not dominant.

     1-1. The investigation of violations of the legislation of the Republic of Kazakhstan in the field of protection of competition is resumed within three working days.:

     1) in the cases provided for in subparagraph 1) paragraph 1 of this Article, – from the date of the decision by the antimonopoly authority, the criminal prosecution authorities, the entry into force of a judicial act in another case relevant to the investigation of violations of the legislation of the Republic of Kazakhstan in the field of competition protection.;

     2) in the case provided for in subparagraph 2) paragraph 1 of this Article, – from the date of completion of another investigation into violations of the legislation of the Republic of Kazakhstan in the field of competition protection in respect of the same object of investigation;

     3) in the case provided for in subparagraph 3) paragraph 1 of this Article, – from the date of submission of the expert opinion to the antimonopoly authority.;

     4) in the cases provided for in subparagraph 4) paragraph 1 of this Article, – from the date of completion of the analysis of the state of competition in the commodity market.

     2. The term of investigation of violations of the legislation of the Republic of Kazakhstan in the field of protection of competition is interrupted upon suspension of the investigation and continues from the moment of resumption of the investigation.

     3. The antimonopoly authority officials authorized to conduct the investigation shall issue a ruling on the suspension and resumption of the investigation, as well as the appointment of an expert examination. A copy of the ruling on the appointment of an expert examination is sent to the expert and the subject of the investigation within three working days from the date of such ruling.  

     A copy of the ruling on suspension or resumption of the investigation of violations of the legislation of the Republic of Kazakhstan in the field of competition protection is sent to the object of investigation within three working days from the date of such ruling.

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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