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:

1) the 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" (registered in the Register of state registration of regulatory legal acts for No. 14552, published on January 12, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan);

2) the order of the Minister of national economy of the Republic of Kazakhstan of April 2, 2015 No. 302 "About approval of the Method of identification of exclusively low price" (registered in the Register of state registration normative legal for No. 10719, published on April 29, 2015 in the Information system of law of Ad_let).

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.

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 (further – the Code) and is applied by antimonopoly authority, and also its territorial subdivisions 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) territorial subdivision of antimonopoly authority - territorial subdivision of the antimonopoly authority performing management in the field of protection of the competition and restriction of monopolistic activities.

3. According to Item 1 of article 175 of the Code exclusively high price of goods is understood as the price established by the subject of the market holding the dominating or monopoly position if this price exceeds the amount necessary for production and realization of such goods of expenses and profit and the price which was created in the conditions of the competition in the corresponding or comparable goods market, including established:

1) by increase in earlier stated price of goods if at the same time the following conditions are satisfied in total:

the expenses necessary for production and sales of goods remained invariable or their change is disproportionate to the change in price of goods;

the list of sellers or buyers of goods remained invariable or change of list of sellers or buyers of goods is insignificant;

the conditions of the address of goods in the goods market including caused by measures of state regulation including the taxation, customs and tariff, tariff and non-tariff regulation, remained invariable or their change is disproportionate to the change in price of goods;

2) by not decrease in earlier stated price of goods if at the same time the following conditions are satisfied in total:

the expenses necessary for production and sales of goods, significantly decreased;

the list of sellers or buyers of goods causes possibility of the change in price of goods towards reduction;

the conditions of the address of goods in the goods market including caused by measures of state regulation including the taxation, customs and tariff, tariff and non-tariff regulation, provide possibility of the change in price of goods towards reduction.

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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