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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of August 7, 2019 No. 404

About approval of the Procedure for conducting economical and statistical observation of the business entities included in the State register of the business entities holding dominant position in the goods markets of the Kyrgyz Republic

For the purpose of implementation of article 4 of the Law of the Kyrgyz Republic "About the competition", according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve the Procedure for conducting economical and statistical observation of the business entities included in the State register of the business entities holding dominant position in the goods markets of the Kyrgyz Republic according to appendix.

2. Declare invalid the order of the Government of the Kyrgyz Republic "About approval of the Procedure for conducting economical and statistical observation of the business entities included in the State register of the business entities holding dominant position in the goods markets of the Kyrgyz Republic" of August 23, 2018 No. 386.

3. This resolution becomes effective after fifteen days from the date of official publication.

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix

to the Order of the Government of the Kyrgyz Republic of August 7, 2019 No. 404

Procedure for conducting economical and statistical observation of the business entities included in the State register of the business entities holding dominant position in the goods markets of the Kyrgyz Republic

1. General provisions

1. Economical and statistical observation is impact assessment of activities of the business entities included in the State register of the business entities holding dominant position in the goods market of the Kyrgyz Republic (further - the Register), on competitive situation in certain goods market, non-admission of violations from the business entities holding dominant position, the provisions of the law of the Kyrgyz Republic "About the competition" and also ensuring protection and development of the competition in the goods markets of the Kyrgyz Republic.

2. Statistical observation - work on collection, systematization and generalization of the business entities this about activities included in the Register.

The economic analysis - assessment of condition and perspectives of activities of the business entities included in the Register, establishment of factors, positively or negatively influencing competitive situation on the basis of the data obtained as a result of statistical observation.

When conducting statistical observation the following information is used:

- the data of bodies of statistics (the state statistical reporting) characterizing activities of business entities of the market;

- data of own researches of antimonopoly authority;

- official publications of state bodies in mass media about indicators of the corresponding market and/or the business entities included in the Register;

- data of marketing and social researches;

- data of independent information centers on condition, structure and amounts of the goods markets, participation in goods turnover of certain producers and buyers of goods;

- the data on rates and the prices published on the official sites of business entities or in official price lists;

- the data received from bodies of the public registration service and judicial authorities;

- the data received from tax and customs authorities;

- the data received from the state bodies and their territorial subdivisions performing regulation of activities of business entities;

- the data received from the state bodies authorized on issue of licenses and permissions to business entities to implementation of certain types of activity;

- the data received from archive bodies;

- the data received from other state bodies and local government bodies which are not specified in this Item taking into account specifics of the goods market.

3. Economical and statistical observation shall meet the following requirements:

- be carried out on permanent basis;

- accounting of the obtained data shall provide completeness of data, and also consider dynamics of change of data;

- data shall be most reliable and exact.

2. Procedure for conducting economical and statistical observation

4. For conducting economical and statistical observation of activities of the business entities included in the Register as initial information by the antimonopoly authority uses aggregative data and data by business entities, taking into account requirements of the legislation of the Kyrgyz Republic about procedure for provision of information and information access which is under authority of state bodies and local government bodies.

5. State bodies, local government bodies, other bodies shall provide on written reasonable request of antimonopoly authority the necessary documents and information specified in item 4 of this Procedure, including, the being trade secret, in time, established by antimonopoly authority which depending on amount of required information cannot be less than five working days from the date of receipt of request.

In request legal basis and reasons for the purpose of request, the information required, and also the term specified in the first paragraph of this Item during which information shall be provided are specified.

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