ORDER OF THE CHAIRMAN OF THE AGENCY ON PROTECTION AND DEVELOPMENT OF THE COMPETITION OF THE REPUBLIC OF KAZAKHSTAN

of December 24, 2020 No. 2

About approval of Rules of carrying out monitoring of the prices in the goods markets for the purpose of establishment of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition

According to subitem 39-2) of article 90-6 of the Entrepreneurial code of the Republic of Kazakhstan and the subitem 2) Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" PRIKAZYVAYU:

1. Approve the enclosed Rules of carrying out monitoring of the prices in the goods markets for the purpose of establishment of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition.

2. In the procedure established by the legislation of the Republic of Kazakhstan to provide to department of the industry and agro-industrial complex of the Agency on protection and development of the competition of the Republic of Kazakhstan (further - the Agency):

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

2) placement of this order on Internet resource of the Agency after its official publication;

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

3. To impose control of execution of this order on the supervising vice-chairman of the Agency.

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

Appendix

to the Order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of December 24, 2020 No. 2

Rules of carrying out monitoring of the prices in the goods markets for the purpose of establishment of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition

Chapter 1. General provisions

1. These rules of carrying out monitoring of the prices in the goods markets for the purpose of establishment of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition (further – Rules) are developed according to subitem 39-2) of article 90-6 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" and determine procedure for carrying out by antimonopoly authority and its territorial subdivisions of monitoring of the prices in the goods markets for the purpose of establishment of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition (further – Monitoring).

2. In these rules the following basic concepts are used:

1) goods – the goods, work, service which are object of civil circulation;

2) the goods market – the sphere of the address of goods (including goods of foreign production) which cannot be replaced with other goods, or interchangeable goods in which borders (including geographical) proceeding from economic, technical or other capability or feasibility the acquirer can acquire goods and outside which such opportunity, or feasibility is absent;

3) authorized body – the state body performing management of the corresponding industry (sphere) of public administration.

3. Carrying out Monitoring includes the following stages:

1) selection of the goods markets;

2) data collection and processing about goods prices in the corresponding goods markets;

3) carrying out the analysis of the current price situation in the corresponding goods market regarding availability of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition;

4) preparation of the research opinion.

4. Monitoring is carried out within three months.

5. Date of the decision of the supervising deputy manager of antimonopoly authority and (or) the head of territorial subdivision of antimonopoly authority is considered the beginning of carrying out Monitoring.

6. Date of preparation of analytical note is considered completion of Monitoring.

Chapter 2. Procedure for carrying out Monitoring of the prices in the goods markets for the purpose of establishment of signs of violation of the law of the Republic of Kazakhstan in the field of protection of the competition

7. Selection of the goods markets for carrying out monitoring is performed based on data according to the procedure of the decreasing priority:

1) orders of Administration of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan (in coordination);

2) the materials which arrived from state bodies, specifying increase in prices for the accounting period (the current year) and other data;

3) the motivated addresses of physical and (or) legal entities specifying increase in prices;

4) messages of mass media on increase in prices for the goods which arrived in antimonopoly authority and other data.

8. As information sources when carrying out Monitoring by antimonopoly authority according to the procedure of the decreasing priority data are used:

1) authorized state bodies;

2) from the state information systems;

3) from open sources of information;

4) subjects of the market and other sources.

In the presence of data at authorized body, the antimonopoly authority uses these data without the direction of requests to subjects of the market.

The antimonopoly authority to the direction of requests to subjects of the market uses the data received on survey results of physical persons and legal entities by means of telephone communication or with use of social networks and messengers.

In case of lack of the sufficient data specified in subitems 1) 2) and 3) of this Item the antimonopoly authority to the subjects of the market enabling production and (or) sales of goods in the corresponding goods markets sends inquiries by form according to appendix to these rules.

9. The analysis of the current price situation in the goods markets is carried out by studying of the change in price, the reasons and factors of the change in price and other information characterizing the change in price and also by determination of availability (absence) of signs of abuse of the dominating or monopoly position regarding establishment, maintenance of exclusively high (low) prices, anti-competitive coordinated actions of subjects of the market.

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