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

of May 3, 2022 No. 13

About approval of the Method of carrying out the analysis of competitive situation in the goods markets

(as amended on 27-07-2023)

According to the subitem 1) Item 2 of article 196 of the Entrepreneurial code of the Republic of Kazakhstan PRIKAZYVAYU:

1. Approve the enclosed Method of carrying out the analysis of competitive situation in the goods markets.

2. Declare invalid the order of the Minister of national economy of the Republic of Kazakhstan of November 30, 2015 No. 741 "About approval of the Method of carrying out the analysis and assessment of condition of competitive environment in the goods market" (it is registered in the Register of state registration of regulatory legal acts for No. 12592).

3. In the procedure established by the legislation of the Republic of Kazakhstan to provide to management of legal regulation of the competition 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.

4. To impose control of execution of this order on the chief of staff of the Agency.

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

Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan

S. Zhumangarin

Approved by the Order of the Chairman of the Agency on protection and development of the competition of the Republic of Kazakhstan of May 3, 2022 No. 13

Method of carrying out the analysis of competitive situation in the goods markets

Chapter 1. General provisions

1. The method of carrying out the analysis of competitive situation in the goods markets (further - the Technique) is applied for the purpose of practical mastering skills of carrying out the analysis and used in the cases requiring the analysis of competitive situation in the goods markets or provisions of subjects of the market on it including:

1) when carrying out the analysis of the goods markets for the purpose of determination of competitive situation in these goods markets and (or) detection of key capacity according to article 176-1 of the Entrepreneurial code of the Republic of Kazakhstan;

2) in case of the state control of economic concentration;

3) identifications of signs of coordinated actions, abuses of the dominating or monopoly position, anti-competitive agreements, stipulated in Item 3 articles 169 of the Entrepreneurial code of the Republic of Kazakhstan;

4) carrying out the analysis of activities of the state companies and legal entities, more than fifty percent of shares (share in the authorized capital) which belong to the state, and persons affiliated with them (further - the state legal entities) for the purpose of establishment of feasibility of presence of the state at the entrepreneurial circle.

In the case specified in the subitem 1) to part one of this Item the planned analysis of competitive situation in the goods markets is carried out.

In the cases specified in subitems 2) 3), and 4) of part one of this Item the unplanned analysis of competitive situation in the goods markets is carried out.

The term of carrying out the planned analysis of competitive situation in the goods markets constitutes no more than six months, and the unplanned analysis no more than three months if other term (less than three months) is not specified in the order of antimonopoly authority (for territorial subdivisions).

2. In this Technique the concepts determined by the Entrepreneurial code of the Republic of Kazakhstan are used.

3. Approval of the annual list of planned analyses of the goods markets is performed according to the general and specific criterions specified in appendix to the Technique, the order of the head of antimonopoly authority no later than December 31 of the year preceding the planned period.

The list of planned analyses of the goods markets is placed on the Internet resource of antimonopoly authority no later than January 10 of the planned year.

Start date of the planned analysis is considered on January 1 or on July 1 depending on the planned period.

The unplanned analysis is appointed at the request of the head of antimonopoly authority or its territorial subdivision.

Date of the corresponding order is considered start date of the unplanned analysis.

4. The purposes of implementation of selection of the goods markets for carrying out the analysis of competitive situation are:

determination of the goods markets for carrying out the analysis of competitive situation;

increase in efficiency of the carried-out work on protection and development of the competition, including the prevention and suppression of monopolistic activities.

5. The analysis of competitive situation in the goods markets includes the following stages:

1) determination of criteria of interchangeability of goods;

2) delimitation of the goods market;

3) determination of time frame of research of the goods market;

4) determination of list of the subjects of the market acting in the goods market;

5) calculation of amount of the goods market and share of subjects of the market;

6) assessment of condition of competitive environment in the goods market;

7) determination of the circumstances or signs testimonial of availability of obstacles, difficulties or other restrictions of activities of the subjects of the market influencing competition development, including determination of barriers of entrance on the goods market;

8) conclusions by results of the carried-out analysis of competitive situation in the goods market which are reflected in the conclusion.

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