RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of November 4, 2022 No. 617

About approval of Rules on control of economic concentration

For the purpose of implementation of Articles 11, 12 Laws of the Kyrgyz Republic "About the competition", according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve Rules on control of economic concentration according to appendix.

2. Recognize invalid:

1) the order of the Government of the Kyrgyz Republic "About approval of Rules on control of observance of the antitrust law of the Kyrgyz Republic in the course of economic concentration" of June 21, 2012 No. 431;

2) Item 5 of the order of the Government of the Kyrgyz Republic "About modification of some decisions of the Government of the Kyrgyz Republic" of June 23, 2015 No. 403;

3) the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About approval of Rules on control of observance of the antitrust law of the Kyrgyz Republic in the course of economic concentration" of June 21, 2012 No. 431" of August 7, 2019 No. 405.

3. This resolution becomes effective after fifteen days from the date of official publication.

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of November 4, 2022 No. 617

Rules on control of economic concentration

1. General provisions

1. These rules determine the mechanism of control of observance of the antitrust law of the Kyrgyz Republic in the course of economic concentration in case of:

1) reorganization by merge, accessions, transformations of business entities (their associations);

2) creation of business entities, more than five percent of shares (share in the authorized capital) which belong to the state;

3) creation of business entities whose members are persons affiliated with them and/or group of persons according to Articles 3, 5 Laws of the Kyrgyz Republic "About the competition";

4) creation, liquidation and reorganization by merge, accession of the state and municipal companies;

5) acquisition by the business entity holding dominant position, shares (share in the authorized capital) of other business entity working at the market of the same goods, and also purchase by any legal entity or citizen of controlling stock (share in the authorized capital the) of business entity holding dominant position.

2. Control of process of economic concentration in the market of banking services is exercised by National Bank of the Kyrgyz Republic according to the regulatory legal acts obligatory for execution by commercial banks and other legal entities, persons under surveillance for National Bank of the Kyrgyz Republic.

3. These rules are not applied in case of the liquidation of business entities performed according to the Law of the Kyrgyz Republic "About bankruptcy (insolvency)".

4. In these rules the concepts determined by the Law of the Kyrgyz Republic "About the competition" and also the following concept are used:

applicants are business entities (physical persons and/or legal entity) making decisions on reorganization, creation, share acquisition (share in the authorized capital) in cases, stipulated in Item 1 these rules and also persons, in accordance with the established procedure authorized to act and represent the interests of business entity in the state antimonopoly authority and its territorial authorities of the Kyrgyz Republic (further - antimonopoly authority) and submitting the petition on receipt of preliminary coordination.

2. Procedure for submission of the petition

5. Business entities submit the petition on receipt of prior consent of antimonopoly authority to actions, stipulated in Item 1 these rules.

6. The documents attached to the petition shall be reliable and complete, are presented in the form of the original or in the form of properly verified copy.

7. Information which is trade secret is provided with obligatory mark "confidentially".

8. The petition shall contain:

1) information on the applicant:

for legal entities - the name of the legal entity and his location, surname, name, the head's middle name, phone number and number of the fax;

for physical persons - surname, name, middle name, the residence, phone number. The copy of the identity document is attached;

for person, the representative to act and represent the interests of person (applicant) - surname, name, middle name, the residence, phone number, the power of attorney certifying power of the representative;

2) information on subject of the actions which are subject to the state control according to Item 1 of these rules;

3) the applicant attaches the following documents to the petition:

by reorganization by merge, joining of business entities (their associations), in case of merge, accession of the state and municipal companies:

- information on the purpose of merge and/or joining of business entities (their associations), merges, accessions of the state and municipal companies;

- copies of constituent documents and registration certificate;

- copies of decisions of members of each business entity on reorganization in the form of merge and/or accession;

- the merger plan and/or accessions with indication of the planned changes in activities of the legal entity after merge and/or accession;

- the balance sheet, financial and economic indicators for the last accounting period;

- data on core activities, information on production volume and sales of goods, the export and commodity import to the Kyrgyz Republic made and realized by the reorganized business entities within two years preceding day of submission of the specified petition or notification or during the activities implementation term if it constitutes less than two years, with indication of codes of the nomenclature of goods;

- information about founders:

for physical persons - place of employment, position, the residence and legal address. The copy of the identity document is attached;

for legal entities - full name, data on registration, legal and actual addresses, contact telephone number. Copies of constituent documents, the balance sheet are attached.

Information is provided on each business entity (their consolidation) to the state and municipal company participating in reorganization and form of merge and/or accession;

by reorganization by transformation of business entities (their associations):

- information on the purpose of transformation of business entities (their associations);

- copies of constituent documents and registration certificate;

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