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

of December 14, 2017 No. 416

About approval of the Technique of assessment of economic concentration in the goods markets

According to the subitem 16) article 90-6 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYU:

1. Approve the enclosed Technique of assessment of economic concentration in the goods markets.

2. 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 in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy in paper and electronic type in the Kazakh and Russian languages on official publication in periodic printing editions, and also 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.

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

4. This order becomes effective since January 1, 2018 and is subject to official publication.

Approved by the Order of the Minister of national economy of the Republic of Kazakhstan of December 14, 2017 No. 416

Technique of assessment of economic concentration in the goods markets

Chapter 1. General provisions

1. This Technique of assessment of economic concentration in the goods markets (further - the Technique) is developed according to the subitem 16) of article 90-6 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code) and is applied by consideration of petitions for provision of consent to economic concentration or notifications on committed economic concentration.

2. The technique determines the mechanism of assessment of economic concentration in the goods markets antimonopoly authority.

Chapter 2. Basic concepts

3. In the Technique the following concepts are applied:

1) competent authority - the state body exercising control of the corresponding industry (sphere) of economy;

2) goods of participants of the transaction - the goods (works, services) realized by participants of the transaction before transaction of economic concentration and planned (planned) to implementation of the transaction by participants after its making;

3) the applicant - person who submitted the petition for consent on economic concentration or the notification on committed economic concentration;

4) suppliers (sellers, customers) of goods (work, service) - the subjects of the market realizing goods (works, services) own activities, and also the trade and intermediary organizations rendering services in promotion of goods from producers to final consumers;

5) consent to economic concentration - the consent of antimonopoly authority to implementation of the transactions provided by subitems 1), 2), 3) of Item 1 of article 201 of the Code;

6) the participant of economic concentration - the physical person or legal entity which made or intending to make economic concentration;

7) prohibition on economic concentration - prohibition of antimonopoly authority on implementation of the transactions provided by subitems 1), 2), 3) of Item 1 of article 201 of the Code and (or) pronouncement of the instruction by antimonopoly authority about cancellation of the transactions of economic concentration provided by subitems 4) and 5) of Item 1 of article 201 of the Code.

Other concepts and terms used in the Technique are applied according to the legislation of the Republic of Kazakhstan.

Chapter 3. Bases and stages of evaluating economic concentration

4. The bases of evaluating economic concentration are receipt in antimonopoly authority:

1) the petition for consent on economic concentration provided by the applicant in form according to appendix 1 to the Technique (further - the petition);

2) notifications on the committed economic concentration provided by subitems 4) and 5) of Item 1 of article 201 of the Code provided by the applicant in form according to appendix 2 to the Technique (further - the notification).

5. Within 40 calendar days (with the right of suspension of terms according to Items 3 and 5 of article 205 of the Code) carrying out assessment of economic concentration by antimonopoly authority during consideration of the petition includes the following stages:

1) check of completeness and reliability of documentation attached to the petition, stipulated in Article 204 Codes;

2) carrying out the analysis of competitive situation in the goods markets when making economic concentration if persons participating in the transaction (group of persons) perform sales activity of interchangeable goods and (or) availability of signs of restriction of the competition;

3) competition restriction measure calculation, in case of identification in one and more goods markets of origin or strengthenings of restriction of the competition;

4) adoption of the decision by antimonopoly authority by results of assessment of economic concentration.

6. Carrying out assessment of economic concentration by antimonopoly authority during consideration of the notification includes the following stages:

1) check of completeness and reliability of documentation attached to the notification and the data, stipulated in Article 207 Codes;

2) consideration of the agreement or other document confirming making of economic concentration regarding compliance to requirements of the Code;

3) consideration of economic concentration regarding restriction or elimination of the competition, including by origin or strengthening of dominant position of the subject of the market;

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