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

of November 24, 2016 No. 486

About approval of the Method of identification of exclusively high price

According to the subitem 17) article 88 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYU:

1. Approve the enclosed Method of identification of exclusively high price.

2. Declare invalid the order of the Minister of national economy of the Republic of Kazakhstan of April 2, 2015 No. 301 "About approval of the Method of identification of exclusively high price" (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 10721, published in the Information system of law of Ad_let of April 29, 2015).

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

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

2) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information within five working days from the date of receipt of the registered order for 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 from the date of its first official publication.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of November 24, 2016 No. 486

Method of identification of exclusively high price

1. The method of identification of exclusively high price (further - the Technique) is developed according to the subitem 17) of article 88 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code).

The purpose of this Technique is determination of exclusively high price established by the subject of the market holding the dominating or monopoly position in the corresponding goods market (further - the Subject).

2. This Technique is applied in case of identification of violations of the law of the Republic of Kazakhstan in the field of protection of the competition, regarding abuse of the dominating or monopoly position, expressed in establishment of exclusively high price.

3. The concepts and terms applied in this Technique are used in the values determined in the laws and the Code of the Republic of Kazakhstan.

The goods in this Technique are understood as the goods, work, service which are object of civil circulation.

4. Within consideration of data on establishment of exclusively high price department of antimonopoly authority carries out the following actions:

1) determines the fact of availability of state regulation of the prices in the goods market;

2) determines the fact of availability of the exclusive right of the state affirmed by the Code on production, realization or purchase of any goods in the competitive market (the state monopoly);

3) establishes share of domination of the subject of the market in the corresponding goods market.

5. In case of establishment of one of the conditions provided by subitems 1) and 2) of item 4 of this Technique, investigation about establishment of exclusively high price is not made.

6. Department of antimonopoly authority for the purpose of detection of the actual data specifying availability of signs of violations of the law of the Republic of Kazakhstan in the field of protection of the competition carries out the analysis of price performance and production volumes (realization) of goods in the goods market, including:

1) establishment by the Subject of the price of goods, on which the Subject's provision acknowledged dominating, the exceeding price of the same goods of other subjects of the market in the corresponding or comparable goods market;

2) exceeding of growth rates of the prices of goods, on which the Subject's provision acknowledged dominating, in comparison with the corresponding growth rates of the prices in the corresponding or comparable goods market;

3) increase in prices for goods, on which the Subject's provision acknowledged dominating, by decrease in physical characteristics (for example, commodity unit weight);

4) unreasonable reducing production volumes and (or) deliveries or cessation of production and (or) deliveries of goods on which there are demand or orders of consumers, in the presence of possibility of production or delivery.

7. For Subjects from shares of domination of 90 percent and more, department of antimonopoly authority for the purpose of detection of the actual data specifying availability of signs of violations of the law of the Republic of Kazakhstan in the field of protection of the competition carries in addition out the analysis of cost and profitability of production (realization) of goods, including:

1) excess of growth of expenses of the period over growth of production unit cost of goods of the Subject;

2) increase in growth rates of the salary of administrative personnel in comparison with growth rates of the salary of production personnel of the Subject;

3) excess at the Subject of level of the average monthly salary over the average monthly salary on industry or the region.

8. In case of availability of the actual data specifying availability in actions of the subject of the market of signs of violations of the law of the Republic of Kazakhstan in the field of protection of the competition, department of antimonopoly authority issues the order on conducting investigation.

9. When conducting investigation it is necessary to establish availability of the facts confirming actions of the Subject for establishment of exclusively high price.

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