Article 231. Forced division or separation in cases of abuse of a dominant or monopolistic position of the Entrepreneurial Code of the Republic of Kazakhstan
1. In the event that a market entity occupying a dominant or monopolistic position has been brought to administrative responsibility twice within one calendar year for violations provided for in Article 174 of this Code and continues to commit acts restricting competition, the antimonopoly authority may, in order to promote competition, file a lawsuit with the court for the forced division of this market entity or the separation of from its composition on the basis of its structural divisions of one or more legal entities .
2. The court decides on a forced division or separation for the purpose of developing competition if the following conditions are fulfilled in aggregate:
1) there is no technologically determined interconnection of structural units;
2) there is a possibility of independent activity in the relevant commodity market for legal entities created as a result of reorganization.
3. A court decision on compulsory division or separation is subject to execution by the owner or his authorized body, taking into account the requirements stipulated by the said decision, and within the time period determined by the said decision and may not exceed six months.
President
Republic of Kazakhstan
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