Everyone has the right to freedom of entrepreneurial activity, the free use of their property for any legitimate entrepreneurial activity.
Disputes in the field of application of antimonopoly legislation arise between the authorized state body and market entities. According to paragraph 4 of Article 26 of the Constitution of the Republic of Kazakhstan, everyone has the right to freedom of entrepreneurial activity, the free use of their property for any legitimate entrepreneurial activity. Monopolistic activity is regulated and limited by law. Unfair competition is prohibited. In accordance with Article 90-1 of the PC, the unified system of the antimonopoly authority consists of the central executive body, its department and its subordinate territorial divisions. The Regulation on the Ministry of National Economy of the Republic of Kazakhstan (the Ministry), approved by Resolution No. 1011 of the Government of the Republic of Kazakhstan dated September 24, 2014, establishes that the Ministry is the state executive body of the Republic of Kazakhstan responsible for protecting competition and restricting monopolistic activities in relevant commodity markets, monitoring and regulating activities classified as state monopolies., as well as within the limits stipulated by law, intersectoral coordination and other special executive, licensing and control functions. The Ministry has an agency – the Committee for Regulation of Natural Monopolies, Protection of Competition and Consumer Rights (hereinafter referred to as the Committee) and its territorial divisions (Departments for the cities of Nur-Sultan, Almaty, Shymkent, regions). At the same time, legislative acts may assign the functions of the authorized body to other State bodies.
Everyone has the right to freedom of entrepreneurial activity, the free use of their property for any legitimate entrepreneurial activity.
By the decision of the Council of Economic and Social Council of Astana city dated October 6, 2017, the application of Astana International Airport JSC to the Committee to challenge the refusal to consent to the reorganization was refused. By the resolution of the Judicial Board for Civil Cases of the Astana City Court dated December 22, 2017, the court's decision of October 6, 2017 was left unchanged. According to subparagraph 5) of paragraph 1 of Article 18-1 of the Law, in order to prevent infringement of the rights and legitimate interests of consumers of regulated services (goods, works) of a natural monopoly entity or to curb the economically justified transition of the relevant commodity market from a natural monopoly to a competitive market, prior notification or consent of the authorized body to reorganize and liquidate the natural monopoly entity is required.. The implementation of regulation and control in the areas of natural monopolies in the field of air navigation and airport services is under the jurisdiction of the State Institution "Committee on Civil Aviation of the Ministry of Investment and Development of the Republic of Kazakhstan". The courts legitimately concluded that the Committee's actions to refuse to consent to the reorganization were carried out within the framework of current legislation. Market entities are individuals and legal entities listed in the state and local registers of natural monopoly entities, as well as individuals who occupy a dominant or monopolistic position in the market. Article 5 of the Law of the Republic of Kazakhstan "On Natural Monopolies" dated December 27, 2018 defines regulated services related to the spheres of natural monopolies, including services related to: transportation of oil and petroleum products through main pipelines; storage, transportation of commercial gas; transmission of electric energy; production, transmission, distribution and supply of thermal energy. energy; technical dispatching of supply to the grid and consumption of electric energy; mainline railway networks; access roads in the absence of a competitive access road; air navigation; ports in the absence of competition in the market of port services; airports; water supply and (or) sanitation and others. Subjects of natural monopolies are subject to inclusion in the State Register of Subjects of Natural Monopolies with the indication of regulated services. The State Register of subjects of Natural Monopolies consists of republican and local sections.
The republican section of the State Register of Subjects of Natural Monopolies includes subjects of natural monopolies providing regulated services on the territory of two or more regions, cities of republican significance and the capital. The local sections of the State Register of Subjects of Natural Monopolies include subjects of natural monopolies providing regulated services in the territory of one oblast or city of republican significance or the capital. According to Article 172 of the PC, a dominant or monopolistic position is recognized as the position of a market entity or several market entities in the relevant commodity market, which gives the market entity or several market entities the opportunity to control the relevant commodity market, including having a significant impact on the general conditions of circulation of goods. Monopoly is the position of subjects of natural monopoly, state monopoly, as well as market entities that occupy a one hundred percent share of dominance in the relevant commodity market (subjects that occupy a monopoly position.
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