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ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of May 4, 2018 No. 173

About approval of the Method of identification of exclusively high (low) price

According to the subitem 19) article 90-6 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYU:

1. Approve the enclosed Method of identification of exclusively high (low) price.

2. Recognize invalid:

3. To committee on regulation of natural monopolies, protection of the competition and the rights of consumers of the Ministry of national economy of the Republic of Kazakhstan to provide in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

4. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Minister of national economy of the Republic of Kazakhstan

T. Suleymenov

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of May 4, 2018 No. 173

Method of identification of exclusively high (low) price

Chapter 1. General provisions

1. This Technique is developed according to the subitem 19) of article 90-6 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code) and is applied by department of authorized body and territorial subdivision of department of authorized body in case of identification of exclusively high (low) price established by the subject of the market holding the dominating or monopoly position in the goods market (further - the Subject).

2. In this Technique the concepts determined by the Code and the laws of the Republic of Kazakhstan and also the concepts meaning the following are used:

1) the comparable goods market - other goods market comparable on amount of the sold goods, the list of buyers or sellers (suppliers) of goods determined proceeding from the purposes of acquisition or sale of goods and conditions of access to the goods market;

2) goods - the goods, work, service which are object of civil circulation;

3) authorized body - the state body performing management in the field of protection of the competition and restriction of monopolistic activities;

4) department of authorized body - department of the state body performing management in the field of protection of the competition and restriction of monopolistic activities;

5) territorial subdivision of department of authorized body - territorial subdivision of department of the authorized body performing management in the field of protection of the competition and restriction of monopolistic activities.

3. Exclusively high price of goods is understood as the price established by the subject of the market holding the dominating or monopoly position if:

1) this price exceeds the highest price which in the same goods market in the conditions of the competition is established by the subject of the market which is not entering one group of persons with the subject of the market holding dominant position or exceeds the price in the comparable goods market which was created in the conditions of the competition;

2) this price exceeds the amount necessary for production and realization of such goods of expenses and profit.

The goods price established to the subject of the market according to the laws of the Republic of Kazakhstan is not recognized exclusively high.

4. Exclusively low price of goods is understood as the price established by the subject of the market holding the dominating or monopoly position if:

1) this price of low price which in the same goods market is established by the subject of the market which is not entering one group of persons with the subject of the market holding dominant position;

2) this price is lower than the amount of actual expenses on production and realization of such goods.

The price of goods is not recognized exclusively low if it does not correspond at least to one of the criteria specified in this Item. The goods price established to the subject of the market according to the laws of the Republic of Kazakhstan is not recognized exclusively low.

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